IEA Section 122 — Communications during marriage

Summary

A person who is or was married cannot be forced to reveal any private communication made to them by their spouse during the marriage. They are also not allowed to reveal such a communication unless the spouse who made it, or that spouse's legal representative, agrees. This rule does not apply in legal cases between the married persons themselves, or in criminal cases where one spouse is being prosecuted for a crime committed against the other.

Official Text

No person who is or has been married, shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication, unless the person who made it, or his representative in interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other.

Old <-> New Code Mapping

• BSA §128 — Communications during marriage