Fake online wives don't count; I'm allowed to have as many of them as I want. Oh, I can testify against them all day long, too. (Tread lightly, for you never know when it will be your turn.)
It is a privilege and has to be invoked by the one to whom the privilege belongs. It does not belong to a criminal defendant; it belongs to his/her spouse. Legal spouse.......not a partner or girlfriend or any other shacked-up living situation. It is not a legal requirement. A spouse may or may not provide testimony against his or her spouse. He or she may invoke the privilege or may waive the privilege and offer testimony. Once the privilege is waived and testimony starts, he/she cannot stop and invoke the privilege. There is also a Spousal Communications Privilege which protects communications between spouses while married. That privilege survives divorce.
This post was edited by Thriftymaid at May 27, 2017 1:56 PM MDT