What happens if someone else is present when an otherwise confidential communication occurs between spouses? Well, because the bonds of matrimony are not being strengthened between the spouses while a third party is present, the communications are not privileged. Again, you always must go back to the original reason the parties shared confidential information. As soon as its shared with a third party at the same time, there is no spousal confidentiality existing any longer. If someone else overhears two spouses communicating, while it remains subject to the marita privilege between the spouses, its still admissable from the third party because the privilege does not apply to the third party and as long as the manner in which it was overheard was legal and the party is otherwise competent to testify, that testimony will be allowed to come into evidence.
Criminal Defense Attorney