By claiming the husband-wife privilege, you can prevent your spouse from testifying against you in court. But there are important exceptions.
Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.
What Is Covered
In Florida, the privilege is a rule of evidence that prevents confidential marital communications from being used in court. It applies in both civil and criminal cases. Either spouse can claim the privilege.
Four Exceptions
- One spouse brings a civil case against the other
- One spouse is charged with a crime against the other spouse
- One spouse is charged with a crime against a child of either spouse
- A defendant spouse wants to introduce the communication into evidence
Key Rules
- Requires a valid marriage — not live-in partners, engaged couples, or common law spouses
- Only protects communications after formal marriage
- The privilege survives death or divorce
- Only confidential communications are covered
- Jail phone calls are typically not protected if the spouses knew they could be monitored
- A spouse can be interviewed by police about privileged communications — the privilege prevents only in-court testimony
Waiver
The privilege can be waived by disclosing confidential communications, consenting to their disclosure, or failing to assert the privilege in court.
Call 863-774-4556 for a free consultation with Board Certified Criminal Trial Lawyer Tonmiel Rodriguez. Hablamos Español.