Q: Can spousal privlege not to testify be invoked even after a divorce? Which party can/does invoke the privlege; the defen
A: The general rule is that spousal privilege cannot be invoked after a divorce. The privilege does, however, generally survive the divorce; that is, a person can be prevented from testifying about confidential communications with an ex-spouse made during the marriage.Either spouse can invoke this privilege, either refusing to testify against their spouse or preventing their spouse from testifying. Finally, courts may require that the communication relate specifically to the marriage.
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