Spousal privilege applies to confidential communications between spouses; its applicability varies by jurisdiction. Which statement is most accurate?

• A. It always protects communications in any jurisdiction
• B. It never covers third parties
• C. It protects only marriage-based confessions, no communications
• D. Its scope varies by jurisdiction

Answer: (D)

Spousal privilege hinges on jurisdiction. In many systems there are two related protections: one shielding confidential communications between spouses made during the marriage, and another preventing one spouse from being compelled to testify about the other. Exactly which communications count as confidential, whether the privilege applies in civil cases, and whether it survives divorce all vary by locale. Because of this, the most accurate statement is that the scope of spousal privilege varies by jurisdiction.

That variability is why the other options don’t fit. It isn’t guaranteed to protect communications in every jurisdiction, and it isn’t universally limited to third-party-free situations or to “confessions” only—confidential communications beyond mere confessions can be protected, and rules about third parties or waivers differ by jurisdiction.