Ariz. Rev. Stat. » Title 12
Arizona Revised Statutes

Ariz. Rev. Stat. § 12-2232 (2026)

Husband and wife; privileged communications; permissible examination

✓ current as of May 2026
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A. A husband or wife, during the marriage or afterward, without the consent of the other, shall not be examined as to any communications made by one to the other during the marriage, except:

1. In an action for divorce or a civil action by one against the other.

2. In a criminal action or proceeding as provided in the criminal code.

3. In an action for damages against another person for adultery committed by either husband or wife.

B. In a hearing conducted pursuant to title 36, chapter 5, a husband or wife, during the marriage or afterward, without the consent of the other, may be examined as to any communications, physical acts or behaviors made by one to the other during the marriage that relate to the matters at issue in the hearing.

 

Notes of Decisions
Cited in 9 cases, 1968–2019 · leading case: Blazek v. Superior Court, 869 P.2d 509 (Ariz. Ct. App. 1994).
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Blazek v. Superior Court, 869 P.2d 509 (Ariz. Ct. App. 1994). · cites it 9× “AR.S. § 12-2232. Unlike the anti-marital fact privilege, the marital communications privilege survives the termination of the marriage.”
Ulibarri v. Superior Ct. Cty. of Coconino, 909 P.2d 449 (Ariz. Ct. App. 1995). · cites it 4× “§ 12-2234 (attorney-client privilege); § 12-2232 (marital privilege); § 12-2233 (clergy-penitent privilege); § 12-2235 (physician-patient privilege).”
Brown v. State, 753 A.2d 84 (Md. 2000). · cites it 4× “" Ariz.Rev. Stat. Ann. § 12-2232 (West 1994).”
State v. Christian, 841 A.2d 1158 (Conn. 2004). · cites it 2× “505 (b) (West 2003); Ariz. Rev. Stat. Ann. § 12-2232 (West 2003); Ark.”
United States v. James Montgomery, United States of Am. v. Mary O'COnnOr, 384 F.3d 1050 (9th Cir. 2004). “505(b); Ariz.Rev.Stat. Ann. § 12-2232, 13-4062; Ark.”
State v. Hunt, 447 P.2d 896 (Ariz. Ct. App. 1968). · cites it 4× “We deny the motion and direct that our opinion be supplemented as follows: On page 2, following the first full paragraph and before the block heading "DID THE TRIAL COURT PROPERLY ALLOW EVIDENCE," etc., insert the following: DID THE TRIAL COURT ERR IN REFUSING TO GRANT…”
State v. Whitaker, 544 P.2d 219 (Ariz. 1975). · cites it 2× “The anti-marital fact privilege, as distinguished from the privilege for confidential communications between a husband and wife, see A.R.S. § 12-2232, exists only during marriage and under Arizona law gives a criminal defendant, except in enumerated types of cases, an absolute…”
In re MH 2007-000937, 189 P.3d 1090 (Ariz. Ct. App. 2008). · cites it 5× “” In sum, the anti-marital fact privilege only exists during the marriage but is a complete bar to a spouse testifying if the other objects, while the marital communications privilege applies both during the marriage and afterward, barring disclosure of confidential…”
State v. Gutierrez, 2021 NMSC 008 (N.M. 2019). “505(b); Ariz. Rev. Stat. Ann. § 12-2232 (2010); Ark.”
— Ariz. Rev. Stat. § 12-2232(1) — 1 case
In re MH 2007-000937, 189 P.3d 1090 (Ariz. Ct. App. 2008). “” In sum, the anti-marital fact privilege only exists during the marriage but is a complete bar to a spouse testifying if the other objects, while the marital communications privilege applies both during the marriage and afterward, barring disclosure of confidential…”
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