Spouses communicative privilege is designed to protect intimacy and is generally waived by one spouse alone.

• A. It can be waived by one spouse
• B. It applies to commercial communications
• C. It permits third-party disclosure
• D. It cannot be waived by one spouse alone

Answer: (D)

Spousal communications privilege protects confidential exchanges between spouses to preserve the intimacy of the marital relationship. It is a joint privilege, meaning both spouses share the right to maintain confidentiality, and one spouse cannot unilaterally waive it. To disclose such a communication in court, there must be mutual consent to waive the privilege; otherwise the disclosure is blocked. This protection does not extend to commercial communications and it does not permit third-party disclosure. If a third party was present during the communication, confidentiality is lost and the privilege cannot apply.