3.01.070 Marital Privilege; Definition

A husband cannot be examined for or against his wife without her consent; nor a wife for or against her husband without his consent; nor can either, during the marriage or afterward, be without the consent of the other examined as to any communication made by one to the other during the marriage. Neither spouse has a privilege in:

(a) A civil action or proceeding by one against the other, or an action by one of them for annulment of marriage, divorce, or separation from the other, or for damages for the alienation of the affections of the other, criminal conversation with the other or for any case involving abuse of their children;

(b) A criminal action in which one of them is charged with a crime committed by one against the other including cases of bigamy and adultery; and

(c) A criminal action in which the accused offers evidence of a communication between him and his spouse.

Communication between spouses means information transmitted by a voluntary act of disclosure by one spouse to the other without the intention that it be disclosed to a third person and by a means which does not disclose it to a third person.