Evidence

Marital Privilege

The marital privilege is comprises both the communication privilege and the testimonial privilege.

The marital communication privilege gives both people the right to protect intended confidential communication made during the marriage but not actions unless the actions were intended to communicate something. Either spouse can claim this privilege indefinitely and prevent the communication from being admitted.

The testimonial privilege protects currently married partners from being compelled to testify against each other, but one can waive this privilege and testify anyway.