Spousal Privilege

(a) Confidential Communication. A communication is confidential if it is made privately by an individual to the individual's spouse and is not intended for disclosure to any other person. (b) Marital Communications. An individual has a privilege to refuse to testify and to prevent the individual's spouse or former spouse from testifying as to any confidential communication made by the individual to the spouse during their marriage. The privilege may be waived only by the individual holding the privilege or by the holder's guardian, conservator, or personal representative if the individual is deceased. (c) Spousal Testimony in Criminal Proceeding. The spouse of an accused in a criminal proceeding has a privilege to refuse to testify against the accused spouse. (d) Exceptions. There is no privilege under this rule: (1) in any civil proceeding in which the spouses are adverse parties; (2) in any criminal proceeding in which an unrefuted showing is made that the spouses acted jointly in the commission of the crime charged; (3) in any proceeding in which one spouse is charged with a crime or tort against the person or property of the other, a minor child of either, an individual residing in the household of either, or a third person if the crime or tort is committed in the course of committing a crime or tort against the other spouse, a minor child of either spouse, or an individual residing in the household of either spouse; or (4) in any other proceeding, in the discretion of the court, if the interests of a minor child of either spouse may be adversely affected by invocation of the privilege.