Which is NOT a requirement of spousal immunity privilege?

Spousal immunity privilege is a legal doctrine that prevents a spouse from being compelled to testify against the other spouse in certain jurisdictions. The requirements of spousal immunity privilege are designed to protect the sanctity of marriage and the confidential communications between spouses.

To clarify, the fact that spousal immunity privilege applies only in civil cases is not accurate. This privilege is recognized in both civil and criminal cases, which is why this option is identified as not a requirement of the privilege. In civil cases, the privileges can help preserve marital harmony, and in criminal cases, they safeguard the rights of the accused.

The other choices outline essential aspects of spousal immunity privilege: a valid marriage at the time of trial is necessary for the privilege to be invoked, as it pertains specifically to marital communications and the relationship between spouses. Additionally, the witness-spouse must be the holder of the privilege; only they can waive it, underscoring the personal nature of the privilege. Finally, the privilege protects against certain forms of testimony, primarily that which would require one spouse to testify against the other, reinforcing the need for confidentiality in that relationship.