(a) Definition. The “Marital Communication Privilege” prohibits spouses from divulging confidential communications between them that occurred during their marriage, without the other's consent.
(b) Holder of Privilege. Both of the spouses hold the privilege which applies in both criminal and civil proceedings. Either spouse may invoke the privilege not to testify regarding confidential communications between the spouses made while married. Each spouse may prevent the other from testifying regarding confidential communications.
(c) Effect of Divorce. The marital communication privilege does not terminate upon divorce and may be asserted by either party even after the parties are divorced.
(d) Exceptions. The marital communication privilege does not apply to communications that occurred before the marriage or in the presence of third parties during the marriage. It does not apply when the spouses are involved in litigation regarding domestic violence against, or incest with, family members, and in any proceeding, in discretion of the court, if the interest of the minor child of either spouse may be adversely affected by the invocation of the privilege.