What Is Marital Privilege?

In the common law, spousal privilege is a term used in the law of evidence to describe two separate privileges that apply to spouses: the spousal communications privilege and the spousal testimonial privilege.

What is covered under spousal privilege?

The marital /spousal privilege in California is the evidence rule that (1) you have the right not to testify against your husband or wife in a criminal jury trial when he or she are charged with a crime, and (2) you have the right not to disclose any confidential communications between you and your spouse.

What are the two types of marital privilege?

The Supreme Court has recognized two types of marital privileges:
  • Testimonial privilege.
  • Communications privilege.
Alexander Ross

Alexander Ross

Gaming, Esports & Interactive Media Writer

Alexander Ross has covered the video game industry for a decade, writing deep dives on game design, esports tournaments, VR developments, and gaming culture.