Evidence Rule 509

Rule 509. Marital Privilege -- Confidential Communications

N.J.S.A. 2A:84A-22provides:

No person shall disclose any communication made in confidence between such person and his or her spouse unless both shall consent to the disclosure or unless the communication is relevant to an issue in an action between them or in a criminal action or proceeding in which either spouse consents to the disclosure, or in a criminal action or proceeding coming within Rule 23(2) [Rule 501(2)]. When a spouse is incompetent or deceased, consent to the disclosure may be given for such spouse by the guardian, executor or administrator. The requirement for consent shall not terminate with divorce or separation. A communication between spouses while living separate and apart under a divorce from bed and board shall not be a privileged communication.
HISTORY:Adopted September 15, 1992 to be effective July 1, 1993; section 2A:84A-22 amended by the Legislature, L. 1992, c. 142, 2, effective Nov. 17, 1992.