Husband-Wife Privilege in Florida

If you are married, you have the privilege to refuse to disclose any communications between you and your spouse that were intended to be made in confidence. The communications had to be relayed while you were married. This privilege can be claimed by both spouses.

There are exceptions to every rule. There is no privilege:

1. In any proceeding brought by one spouse against the other.

2. In a criminal matter in which one spouse is charged with a crime committed against the other spouse or the child of either spouse.

3. In a criminal matter where the communication is evidence presented by a the defendant-spouse.

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