Florida Statutes

Fla. Stat. § 90.504 (2025)

Husband-wife privilege.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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90.504 Husband-wife privilege.—

(1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife.

(2) The privilege may be claimed by either spouse or by the guardian or conservator of a spouse. The authority of a spouse, or guardian or conservator of a spouse, to claim the privilege is presumed in the absence of contrary evidence.

(3) There is no privilege under this section:

(a) In a proceeding brought by or on behalf of one spouse against the other spouse.

(b) In a criminal proceeding in which one spouse is charged with a crime committed at any time against the person or property of the other spouse, or the person or property of a child of either.

(c) In a criminal proceeding in which the communication is offered in evidence by a defendant-spouse who is one of the spouses between whom the communication was made.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 10, 22, ch. 78-361; ss. 1, 2, ch. 78-379.

Notes of Decisions

Cited in 44 cases (3 in the last 5 years), 1977–2025 · leading case: Lynch v. State, 2 So. 3d 47 (Fla. 2009).

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Lynch v. State, 2 So. 3d 47 (Fla. 2009). · cites it 8× “The Confidential Marital-Communications Privilege In his second guilt-phase ineffectiveness subclaim, Lynch contends that trial counsel were ineffective by failing to advise him with regard to the confidential marital-communications privilege codified in section 90.504, Florida…”

Pagan v. State, 29 So. 3d 938 (Fla. 2009). · cites it 6× “See § 90.504, Fla. Stat. (2007). The privilege continues after the marital relationship ends as long as the communications were made during the marital relationship.”

Mosley v. State, 46 So. 3d 510 (Fla. 2009). · cites it 4× “§ 90.504, Fla. Stat. (2008). This privilege can be waived by voluntary disclosure: A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person, or the person’s predecessor while holder of the privilege,…”

Valentine v. State, 688 So. 2d 313 (Fla. 1996). · cites it 8× “§ 90.504, Fla. Stat. (1993). An exception to the privilege permits testimony in certain cases of inter-spousal crime: (3) There is no privilege under this section: .”

Taylor v. State, 855 So. 2d 1 (Fla. 2003). · cites it 2× “Florida's marital privilege applies only to communications and is codified in section 90.504, Florida Statutes (1999), which provides in relevant part: (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from…”

Florida Hosp. Waterman, Inc. v. Buster, 984 So. 2d 478 (Fla. 2008). · cites it 2× “(2006) (providing for domestic violence advocate-victim privilege); § 90.504, Fla. Stat. (2006) (providing for husband-wife privilege); § 90.”

Bolin v. State, 793 So. 2d 894 (Fla. 2001). · cites it 4× “NOTES [1] § 90.504, Fla. Stat. (1985). [2] At the time of Coby's disclosures, Bolin was incarcerated in Ohio for an unrelated crime.”

Bolin v. State, 117 So. 3d 728 (Fla. 2013). · cites it 5× “(2) The privilege may be claimed by either spouse or by the guardian or conservator of a spouse. The authority of a spouse, or guardian or conservator of a spouse, to claim the privilege is presumed in the absence of contrary evidence.”

Floyd v. State, 18 So. 3d 432 (Fla. 2009). · cites it 2× “” § 90.504, Fla. Stat. (1999). Either spouse may claim the privilege.”

Jackson v. State, 603 So. 2d 670 (Fla. 4th DCA 1992). · cites it 7× “We reverse the second degree murder conviction of appellant and remand for a new trial because the trial court erred in allowing appellant's wife to testify to communications between appellant and her contrary to section 90.504, Florida Statutes (1989). Appellant's wife…”

Woodel v. State, 804 So. 2d 316 (Fla. 2001). · cites it 2× “The spousal privilege, codified in section 90.504, Florida Statutes (1995), provides in pertinent part: (1) A spouse has a privilege during and after the martial relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be…”

Boyd v. State, 17 So. 3d 812 (Fla. 4th DCA 2009). · cites it 3× “The Florida Supreme Court held the trial court erred in allowing the testimony because the discussion had been a privileged marital communication under section 90.504 and the privilege had not been waived.”

Show all 44 citing cases →

— 90.504(1) — 12 cases

Lynch v. State, 2 So. 3d 47 (Fla. 2009). “The Confidential Marital-Communications Privilege In his second guilt-phase ineffectiveness subclaim, Lynch contends that trial counsel were ineffective by failing to advise him with regard to the confidential marital-communications privilege codified in section 90.504, Florida…”

Pagan v. State, 29 So. 3d 938 (Fla. 2009). “See § 90.504, Fla. Stat. (2007). The privilege continues after the marital relationship ends as long as the communications were made during the marital relationship.”

Boyd v. State, 17 So. 3d 812 (Fla. 4th DCA 2009). “The Florida Supreme Court held the trial court erred in allowing the testimony because the discussion had been a privileged marital communication under section 90.504 and the privilege had not been waived.”

Bolin v. State, 793 So. 2d 894 (Fla. 2001). “NOTES [1] § 90.504, Fla. Stat. (1985). [2] At the time of Coby's disclosures, Bolin was incarcerated in Ohio for an unrelated crime.”

& SC13-2330 Michael A. Hernandez, Jr. v. State of Florida & Michael A. Hernandez, Jr. v. Julie L. Jones, etc., 180 So. 3d 978 (Fla. 2015).

— 90.504(2) — 1 case

Koon v. State, 463 So. 2d 201 (Fla. 1985).

— 90.504(3) — 1 case

Welsh v. Martinez (M.D. Fla. 2025).

— 90.504(3)(a) — 1 case

Jackson v. State, 603 So. 2d 670 (Fla. 4th DCA 1992). “We reverse the second degree murder conviction of appellant and remand for a new trial because the trial court erred in allowing appellant's wife to testify to communications between appellant and her contrary to section 90.504, Florida Statutes (1989). Appellant's wife…”

— 90.504(3)(b) — 4 cases

Valentine v. State, 688 So. 2d 313 (Fla. 1996). “§ 90.504, Fla. Stat. (1993). An exception to the privilege permits testimony in certain cases of inter-spousal crime: (3) There is no privilege under this section: .”

Bell v. State, 650 So. 2d 1032 (Fla. 5th DCA 1995).

Hanger Orthopedic Grp., Inc. v. McMurray, 181 F.R.D. 525 (M.D. Fla. 1998).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.