Marital privilege

If you are involved in litigation, an issue that sometimes arises is whether and to what extent your communications with your spouse can be uncovered and used against you. In Arizona, each party to a marriage has a “marital privilege” to communicate with each other, and those communications normally will be protected from disclosure or use.

Any communications that are made between spouses during their marriage that are made in confidence will be protected from disclosure, even after the marriage ends. Moreover, except in very limited circumstances, those communications cannot thereafter be used even if one of the spouses wishes to later waive the privilege.

Michael L. Kitchen