Spousal testimony and privilege: which is true?

• A. A witness-spouse is completely unable to testify about anything that might harm the party-spouse
• B. Spouses may invoke a privilege to confidential communications, but may otherwise testify
• C. Spouses have no privileges and must testify
• D. Spousal privilege applies only in criminal cases

Answer: (B)

Spousal privileges are not an all-or-nothing shield. There are protections specifically for confidential communications between spouses, made in the context of the marriage, which either spouse may invoke to prevent disclosure. Outside those confidential communications, there isn’t a blanket rule stopping a spouse from testifying about other matters. So the correct statement captures the idea that there is a privilege to protect confidential communications, while leaving room for the spouse to testify about non-confidential topics. The other options overstate or misstate the scope: there isn’t a universal ban on all testimony, and the privilege isn’t limited only to criminal cases.