Sometimes married people who are in litigation with third parties are asked to reveal communications through discovery, or at trial, between them that are protected from disclosure.  When to assert an objection to such inquiries?  And, how to avoid answering such questions altogether?
Palm Springs Family law attorney Thurman W. Arnold III, Esq. notes that, California recognizes both a “testimonial privilege” and a privilege protecting “confidential marital communications”. These privileges are codified in Evidence Code section 970, Evidence Code section 971 and Evidence Code section 980. They are distinct privileges, the one that most often applies to family law are sections 970 and 980. These privileges apply equally to registered domestic partners pursuant to the general application of Family Code section 297.5. Limitations on the marital privilege are generally found at Evidence Code section 972.
These privileges serve two important public policy goals: 1) to preserve and promote marital harmony and 2) to encourage and preserve confidences between husband and wife.   The reasoning is that society has more to lose from the disruption of the marital relationship that might be caused by encouraging spouses to testify against one another, than it has to gain by learning what was said.
The testimonial and confidential marital communication privileges require the existence of a valid marriage or domestic partnership. These privileges do not apply between you and the spouse or domestic partner whom you are litigating against – these privileges cease to exist as between parties to a dissolution or related family law proceeding. In addition, where no valid marriage existed (i.e., a marriage that was void at its inception (bigamous, incestuous, lack of proper solemnization and the like)), the privileges never arise. In contrast, where a marriage is voidable (minority, fraud, physical incapacity) the privilege exists unless and until a final judgment of annulment has issued.  For additional information in regards to this privilege you can go to Mr. Arnold’s website.