NJ Adding Crime-Fraud Exception to Spousal Privilege

To all of you Bonnie and Clyde hopefuls: NJ will make you spill the beans.

Traditionally, spouses may not be compelled to testify against each other. What if Mr. and Mrs. are also co-conspirators?

The crime-fraud exception is most commonly applied to the attorney-client privilege. More or less, if an attorney assists in the crime or the fraud of the client, their communications are not protected. However, the spousal privilege has historically protected all spousal communication. See, e.g. Angel Face (RKO Radio Pictures 1952).

The New Jersey legislature is bringing that marital hiding place to an end. New Jersey’s State Assembly passed Bill No. 3636 which establishes the crime-fraud exception to the spousal privilege.

Watch your pillow talk.

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