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This entry was published on 2014-09-22
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SECTION 4502
Spouse
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 45
§ 4502. Spouse. (a) Incompetency where issue adultery. A husband or
wife is not competent to testify against the other in an action founded
upon adultery, except to prove the marriage, disprove the adultery, or
disprove a defense after evidence has been introduced tending to prove
such defense.

(b) Confidential communication privileged. A husband or wife shall not
be required, or, without consent of the other if living, allowed, to
disclose a confidential communication made by one to the other during
marriage.