The privilege not to testify against a spouse can be used only if the parties are married at the time the spouse is called to the witness stand.

Question

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The privilege not to testify against a spouse, also known as spousal privilege, is only applicable if the parties are married at the time the spouse is called to testify. If the couple is divorced or legally separated, the privilege cannot be invoked.

The Privilege Not to Testify Against a Spouse Can Be