Can My Spouse Be Forced to Testify Against Me in Florida?

In Florida, spousal privilege exists to protect the confidentiality of marital communications and promote marital harmony. However, the law regarding spousal testimony is nuanced and has exceptions. Here’s a breakdown:

Spousal Privilege:

• Limited Scope: Florida’s spousal privilege applies only to confidential communications that occurred during the marriage. It does not prevent a spouse from testifying about your actions or their observations.
• Right to Refuse:  The spouse who holds the privilege (the one who received the confidential communication) can refuse to testify about it. They can also choose to waive the privilege and testify.

Exceptions to Spousal Privilege:

There are situations where a spouse can be compelled to testify against you:

• Crimes Against Each Other: Spousal privilege doesn’t apply in cases where one spouse commits a crime against the other, such as domestic violence.
• Certain Felonies: In some felony cases, like conspiracy or murder, a spouse may be forced to testify against the other.

Additionally:

• Premarital Communication:  A spouse can testify about communications that occurred before the marriage.
• Separate Property:  A spouse can testify about your actions concerning your separate property (assets acquired before marriage).

What to Do:

• Consult an Attorney: If you face criminal charges and are concerned about your spouse’s testimony, consult with a qualified criminal defense attorney. They can analyze the specific circumstances and advise you on your legal rights and potential strategies.

Florida Statute Reference:

Florida Statutes § 90.504 covers husband-wife privilege.