Ahem. In MN,
- Current spouses can be prevented by* their spouse from testifying about** events at all and about private communications that occurred during the marriage. Current spouses can choose to testify about communications before or after marriage.
- Former spouses can be prevented by the other former spouse from testifying about communications (statements) made during the marriage. Former spouses can choose to testify about any events (before, during, and after the marriage), and about communications before and after the marriage.
* In MN it is the
non-testifying spouse who can assert the privilege.
** In MN the testimonial privilege relates to testimony either
for or against a current spouse (see statutory language below).
The marital privilege is construed narrowly in MN.
In addition, in MN, at least, there are some qualifiers, and crimes against the spouse or children are one (MN Stat. 595.02) (emphasis mine):
a) A husband cannot be examined for or against his wife without her consent, nor a wife for or against her husband without his consent, nor can either, during the marriage or afterwards, without the consent of the other, be examined as to any communication made by one to the other during the marriage.
This exception does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding
for a crime committed by one against the other or against a child of either or against a child under the care of either spouse, nor to a criminal action or proceeding in which one is charged with homicide or an attempt to commit homicide and the date of the marriage of the defendant is subsequent to the date of the offense, nor to an action or proceeding for nonsupport, neglect, dependency, or termination of parental rights.
And while a sham marriage can gut spousal privilege, the bar is high to prove it was enough of a sham to do so.
Random case, which also differentiates MN's statutory privilege (rooted in common law) from Federal law, which is just common