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Spousal Privilege: What is It and What Happens to It After Divorce?
After a divorce, things you told your former spouse in confidence while you were married can be used against you.clementlaw.com
Privileges After Divorce'
''The spousal testimonial privilege which applies only in criminal cases lasts only as long as the marriage does. Additionally, the privilege belongs to the spouse who is being asked to testify. Once a couple divorces, a former spouse can no longer invoke the privilege to avoid testifying in a criminal case, and the other spouse cannot assert the privilege to prevent that testimony from being admitted into evidence on the basis of the privilege
The marital communications privilege applies in both criminal and civil cases. It only covers communications made during the marriage. Unlike the spousal testimonial privilege, this privilege does not end when the marriage does. Either spouse can assert the privilege long after a divorce and prevent the admission of testimony pertaining to confidential statements made while the parties were married.
During divorce proceedings, a spouse cannot invoke the marital communications privilege if it relates to allegations of child abuse or neglect. New York Family Court Act 1046(a)(vii). Similarly, allegations of domestic violence will prevent the privilege from being invoked by the spouse accused of such conduct.
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