NJ Evidence Rule 509. Marital privilege- wife can't be forced to testify against husband in a criminal or municipal court case

2A:84A-22  Marital privilege - confidential communications.
 

22.Rule 28. Marital privilege--Confidential communications.

No person shall disclose any communication made in confidence between such person and his or her spouse unless both shall consent to the disclosure or unless the communication is relevant to an issue in an action between them or in a criminal action or proceeding in which either spouse consents to the disclosure, or in a criminal action or proceeding coming within section 17 of P.L.1960, c.52 (C.2A:84A-17).  When a spouse is incapacitated or deceased, consent to the disclosure may be given for such spouse by the guardian, executor, or administrator. The requirement for consent shall not terminate with divorce or separation.  A communication between spouses while living separate and apart under a divorce from bed and board shall not be a privileged communication. 

Revised 2013, c.103, s.17.

Adopted by NJ Courts as

Evidence Rule 509. Marital Privilege -- Confidential Communications

- wife can't be forced to testify against husband in a criminal or municipal court case