Virginia § 8.01-398 - Privileged marital communications (Subsection (a) of Supreme Court Rule 2:504 derived from this section)
Full text of Virginia Code of Virginia § 8.01-398 — Privileged marital communications (Subsection (a) of Supreme Court Rule 2:504 derived from this section), with citation guidance and answers to common questions.
§ 8.01-398. Privileged marital communications (Subsection (a) of Supreme Court Rule 2:504 derived from this section)
Husband and wife shall be competent witnesses to testify for or against each other in all civil actions.
In any civil proceeding, a person has a privilege to refuse to disclose, and to prevent anyone else from disclosing, any confidential communication between his spouse and him during their marriage, regardless of whether he is married to that spouse at the time he 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 section, "confidential communication" means a communication made privately by a person to his spouse that is not intended for disclosure to any other person.
Code 1950, §§ 8-287, 8-289; 1977, c. 617; 2005, c. 809.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 8.01-398
What does Code of Virginia § 8.01-398 cover?
Section 8.01-398 ("Privileged marital communications (Subsection (a) of Supreme Court Rule 2:504 derived from this section)") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 8.01-398?
A common citation format is "Code of Virginia § 8.01-398" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 8.01-398 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.