Illinois Compiled Statutes
735 ILCS 5/8-801 (2026)
Husband and wife
✓ current as of May 2026
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(735 ILCS 5/8-801)
(from Ch. 110, par. 8-801)
Sec. 8-801.
Husband and wife.
In all actions, husband and wife may testify
for or against each other, provided that neither may testify as to any
communication or admission made by either of them to the other or as to
any conversation between them during marriage, except in actions between
such husband and wife, and in actions where the custody,
support, health or welfare of
their children or children in either spouse's care, custody or control
is directly in issue, and as to matters in which either
has acted as agent for the other.
(Source: P.A. 83-408.)
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 2002–2024 · leading case: Brunton v. Kruger, 2015 IL 117663 (Ill. 2015).
Brunton v. Kruger, 2015 IL 117663 (Ill. 2015). “They include: Husband and wife (735 ILCS 5/8-801 (West 2012)); Physician and patient (735 ILCS 5/8-802 (West 2012)); Confidentiality of Statements Made to Rape Crisis Personnel (735 ILCS 5/8-802.”
Brunton v. Kruger, 2015 IL 117663 (Ill. 2015). “They include: Husband and wife (735 ILCS 5/8-801 (West 2012)); Physician and patient (735 ILCS 5/8-802 (West 2012)); Confidentiality of Statements Made to Rape Crisis Personnel (735 ILCS 5/8-802.”
People v. Garner, 2016 IL App (1st) 141583 (Ill. App. Ct. 2016). “In her motion, defendant, citing section 8-801 of the Code of Civil Procedure (735 ILCS 5/8-801 (West 2012)), claimed that the contents of these conversations were shielded by Illinois’s spousal privilege statute.”
Harris v. One Hope United, 2013 IL App (1st) 131152 (Ill. App. Ct. 2014). “Examples include the marital privilege (725 ILCS 5/115-16 (West 2012); 735 ILCS 5/8-801 (West 2012)); physician-patient privilege (735 ILCS 5/8-802 (West 2012)); informant’s privilege (735 ILCS 5/8-802.”
People v. Garner, 2016 IL App (1st) 141583 (Ill. App. Ct. 2016). “In her motion, defendant, citing section 8-801 of the Code of Civil Procedure (735 ILCS 5/8-801 (West 2012)), claimed that the contents of these conversations were shielded by Illinois’s spousal privilege statute.”
Puterbaugh v. Puterbaugh (Ill. App. Ct. 2002). “Section 8-801 of the Code of Civil Procedure (Code) (735 ILCS 5/8-801 (West 2000)) sets forth the marital privilege.”
People v. Garner, 2016 IL App (1st) 141583 (Ill. App. Ct. 2016). “In her motion, defendant, citing section 8-801 4 1-14-1583 of the Code of Civil Procedure (735 ILCS 5/8-801 (West 2012)), claimed that the contents of these conversations were shielded by Illinois’s spousal privilege statute.”
Hassan v. State Farm Mut. Auto. Ins. Co., 2024 IL App (1st) 231382-U (Ill. App. Ct. 2024). “” Hassan also argued that he would object to “much of her potential testimony” based on the spousal- communications privilege (see 735 ILCS 5/8-801 (West 2018)) and that discovery depositions of -7- Hassan v.”
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