If your spouse wasn't a party to that conversation then it probably is not legal.
If your spouse was the other person talking, then it was probably legal to record it.
Obviously, my experience is with Georgia law so you may want to consult with an attorney in VA if you are seriously considering pursuing this matter.
Legal disclaimer: Brian Tevis is licensed to practice law in the State of Georgia. All information given is based only on Georgia law and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state-specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
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