Privacy747
Junior Member
What is the name of your state (only U.S. law)? California
During my prior marriage, I disclosed highly confidential and private information to my then husband about my past. Now that we are divorced, my husband is sharing this private information with others. I know that the information is deemed privileged and confidential pursuant to Evidence Code Section 980. I also know that, in other circumstances and with other similar evidentiary privileges, there exists a private right of action (e.g., invasion of privacy) against someone who discloses private information obtained by virtue of a privileged communication. For example, patients may sue doctors and therapists for unauthorized disclosures of information obtained during a privileged communication. Likewise, clients may sue attorneys and people may sue clergy for unauthorized disclosures of privileged communications. That being said, I have not found any case law anywhere in the United States extending this private right of action to violations of the marital privilege and/or unauthorized disclosures of privileged marital communications (I also have not found any law precluding such a claim).
My question is this: Can I sue my ex-husband for disclosing our privileged marital communications to third parties? Has this been done before? Is there any case law on the subject anywhere in the US (California would be ideal)?
During my prior marriage, I disclosed highly confidential and private information to my then husband about my past. Now that we are divorced, my husband is sharing this private information with others. I know that the information is deemed privileged and confidential pursuant to Evidence Code Section 980. I also know that, in other circumstances and with other similar evidentiary privileges, there exists a private right of action (e.g., invasion of privacy) against someone who discloses private information obtained by virtue of a privileged communication. For example, patients may sue doctors and therapists for unauthorized disclosures of information obtained during a privileged communication. Likewise, clients may sue attorneys and people may sue clergy for unauthorized disclosures of privileged communications. That being said, I have not found any case law anywhere in the United States extending this private right of action to violations of the marital privilege and/or unauthorized disclosures of privileged marital communications (I also have not found any law precluding such a claim).
My question is this: Can I sue my ex-husband for disclosing our privileged marital communications to third parties? Has this been done before? Is there any case law on the subject anywhere in the US (California would be ideal)?
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