Marital privilege doesn't extend to civil proceedings such as divorce court.
Federal law offers an individual many protections when testifying in court. For instance, the U.S. Constitution gives you the right to plead the Fifth to avoid self-incrimination during a trial. Marital privilege, also called spousal privilege, is another protection that exists at the federal and state level. The law prohibits you from testifying against a spouse. The privilege, however, is somewhat complex.
Marital Privilege
Marital privilege is similar to attorney-client or doctor-patient privilege because it's automatic. The privilege starts as soon as the individuals marry. Spousal privilege only extends to individuals who are legally married to each other unless a specific state law prohibits common law marriage. Thus, if you are unmarried but live together --- regardless of the number of years --- you aren't allowed to use the privilege law. The purpose of the law protects confidences which occur between spouses. The U.S. Supreme Court recognizes two types of marital privilege: marital communication privilege and refusal to testify.
Communications
With marital communication privilege, any communication between spouses is private and must remain confidential. This type of martial privilege includes acts and words intended as communication. If your spouse tells you that he killed someone, the court can't force you to testify in court about the communication. The privilege, however, does have exceptions. If you were to communicate what your spouse said to you, then you can't plead spousal privilege. The law doesn't protect any communication between spouses overheard or told to third parties. If you told a friend about your husband killing someone, you can't claim the privilege.
Refusal to Testify
Claiming spousal privilege affords you the right not to testify in court against your spouse. Thus, a prosecutor, judge or defense lawyer can't force you to testify. Marital privilege also includes testifying at pretrial hearings, depositions and court hearings. One major exception to the law concerns the spouse's decision. The law allows the spouse who made the communication to waive his right to spousal privilege. Also, you can't waive the privilege for your spouse.
Considerations
The law does have several exceptions depending on the state where you live and the type of court proceedings. In civil cases such as divorce or domestic violence cases, martial privilege doesn't exist. One spouse can testify against the other. Federal law also doesn't extend the privilege where one spouse is charged with a crime against a child. Threatening statements or communication intended to control or cause fear isn't privileged communication.
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