Marital privilege is a legal protection that helps to ensure that confidential information shared between spouses remains protected from disclosure in certain legal proceedings.
Under the marital privilege doctrine, communication or confidential information shared by one spouse with the other cannot be used against them in a court of law without the permission of both spouses. This means that the content shared between spouses is not admissible in court or discoverable during a deposition. This privilege applies to any circumstances, including criminal and civil proceedings.
When Does Marital Privilege Apply?
Marital privilege applies only when talking about confidential information shared amongst spouses. It does not apply to conversations between spouses and third parties or conversations that are overheard in public. Additionally, the privilege does not apply to any communication that would be considered criminal or to any communication involving child abuse or neglect.
The spouses must also be legally married for the privilege to apply. This means that the marital privilege does not apply to conversations between partners who are simply living together or a communication shared between a spouse who was married prior to the conversation.
How Does Marital Privilege Impact Business?
For business professionals, understanding marital privilege is essential in order to maintain the privacy of information shared with their spouse or partner. In certain cases, confidential business information that is shared with a spouse could be discoverable in civil proceedings. This could put the business at risk of being subject to litigation or a costly lawsuit.
In order to ensure that business information remains confidential, it is important for business professionals to understand the concept of marital privilege and the protections it provides. By understanding the limitations of the privilege, business owners can better protect their confidential information and avoid potential liabilities.