Legal Question in Family Law in New York

Re: Husabnd/wife privilege

Simply put, your wife may not be compelled to testify against you, nor you against her.

Voluntary testimony is another story. The privilege may be waived.

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Re: Husabnd/wife privilege

New York law defines the privilege as follows:

NY CPLR � 4502 (2001) Spouse

(a) Incompetency where issue adultery. A husband or wife is not competent to testify against the other in an action founded upon adultery, except to prove the marriage, disprove the adultery, or disprove a defense after evidence has been introduced tending to prove such defense.

(b) Confidential communication privileged. A husband or wife shall not be required, or, without consent of the other if living, allowed, to disclose a confidential communication made by one to the other during marriage.

Mike