What does the confidential marital communications privilege cover?

The confidential marital communications privilege specifically covers confidential communications made between spouses during their marriage. This privilege is designed to encourage open and honest communication between married partners, thereby protecting private communications from being disclosed in legal proceedings. It acknowledges that spouses should be able to trust each other and speak freely without fear that their words will be later used against them in court.

For the privilege to apply, the communication must be both confidential and made during the marriage. This means that any communication intended to be private and not intended for third-party disclosure would be protected. The privilege applies even if the marriage later ends, as long as the communications occurred while the couple was married. This is essential to maintaining the integrity and trust inherent in marital relationships.