Va. R. Evid. 2:504

(a) Privileged Marital Communications in Civil Cases.

1. Persons married to each other are competent witnesses to testify for or against each other

in all civil actions.

2. In any civil proceeding, a person has a privilege to refuse to disclose, and to prevent

anyone else from disclosing, any confidential communication between such person and his or her

spouse during their marriage, regardless of whether such person is married to that spouse at the

time he or she objects to disclosure. This privilege may not be asserted in any proceeding in

which the spouses are adverse parties, or in which either spouse is charged with a crime or tort

against the person or property of the other or against the minor child of either spouse. For the

purposes of this Rule, “confidential communication” means a communication made privately by

a person to his or her spouse that is not intended for disclosure to any other person.

(b) Spousal Testimony in Criminal Cases.

1. In criminal cases persons married to each other are allowed, and, subject to the Rules of

Evidence governing other witnesses, may be compelled to testify in behalf of each other, but

neither may be compelled to be called as a witness against the other, except (i) in the case of a

prosecution for an offense committed by one against the other, against a minor child of either, or

against the property of either; (ii) in any case where either is charged with forgery of the name of

the other or uttering or attempting to utter a writing bearing the allegedly forged signature of the

other; or (iii) in any proceeding relating to a violation of the laws pertaining to criminal sexual

assault (§§ 18.2-61 through 18.2-67.10), crimes against nature (§ 18.2-361) involving a minor as

a victim and provided the defendant and the victim are not married to each other, incest (§ 18.2-

366), or abuse of children (§§ 18.2-370 through 18.2-371). The failure of either spouse to testify,

however, creates no presumption against the accused, and may not be the subject of any

comment before the court or jury by any attorney.

2. Except in the prosecution for a criminal offens e as set forth in subsections (b )(1)(i), (ii)

and (iii) above, in any criminal proceeding, a person has a privilege to refuse to disclose, and to

prevent anyone else from disclosing, any confidential communication between such person and

his or her spouse during their marriage, regardl ess of whether the person is mar ried to that

spouse at the time the person objects to disclosure. For the purposes of this Rule, "confidential

communication" means a communication made privately by a person to his or her spouse that is

not intended for disclosure to any other person.