Does the Marital Disqualification Rule include the testimony of an estranged spouse?

Does the Marital Disqualification Rule include the testimony of an estranged spouse?

• A. YES.
• B. NO.
• C. Only if the separation is formal.
• D. Only in criminal cases.

Answer: (A)

The main idea here is that the spouse’s privilege over confidential marital communications survives separation. The Marital Disqualification Rule prevents a spouse from testifying about confidential communications made during the marriage, and this protection remains in place even if the spouses are estranged. The aim is to safeguard the privacy and candor of marital communications, not to punish or reward severed ties. So an estranged spouse cannot be used to disclose those confidential exchanges in court, regardless of whether the separation is formal or informal, and across civil or criminal cases.

The main idea here is that the spouse’s privilege over confidential marital communications survives separation. The Marital Disqualification Rule prevents a spouse from testifying about confidential communications made during the marriage, and this protection remains in place even if the spouses are estranged. The aim is to safeguard the privacy and candor of marital communications, not to punish or reward severed ties. So an estranged spouse cannot be used to disclose those confidential exchanges in court, regardless of whether the separation is formal or informal, and across civil or criminal cases.