Military spousal privilege

We occasionally receive questions about whether communications between a husband and wife are admissible in a court-martial.

The basic rule is in Military Rule of Evidence 504. The rule basically provides that a person has a privilege to refuse to testify against his or her spouse during and after the marriage about communications while they were married.

Like all things in the law, there are exceptions when it does not apply:

-When both spouses are participants in illegal activity;
-When one spouse is charged with a crime against the other spouse or a child;
-When the marriage was a sham marriage;
-When one spouse is being used by the other for human trafficking.
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