CALIFORNIA EVIDENCE CODE
PARTICULAR PRIVILEGES - ACTIONS BETWEEN SPOUSES
Evidence Code Section 972
A married person does not have a privilege under this article in:
(a) A proceeding brought by or on behalf of one spouse against the other spouse.
(b) A proceeding to commit or otherwise place his or her spouse or his
or her spouse's property, or both, under the control of another because
of the spouse's alleged mental or physical condition.
(c) A proceeding brought by or on behalf of a spouse to establish his or
(d) A proceeding under the Juvenile Court Law, Chapter 2 (commencing with
Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code.
(e) A criminal proceeding in which one spouse is charged with:
(1) A crime against the person or property of the other spouse or of a
child, parent, relative, or cohabitant of either, whether committed before
or during marriage.
(2) A crime against the person or property of a third person committed
in the course of committing a crime against the person or property of
the other spouse, whether committed before or during marriage.
(4) A crime defined by Section 270 or 270a of the Penal Code.
(f) A proceeding resulting from a criminal act which occurred prior to
legal marriage of the spouses to each other regarding knowledge acquired
prior to that marriage if prior to the legal marriage the witness spouse
was aware that his or her spouse had been arrested for or had been formally
charged with the crime or crimes about which the spouse is called to testify.
(g) A proceeding brought against the spouse by a former spouse so long
as the property and debts of the marriage have not been adjudicated, or
in order to establish, modify, or enforce a child, family or spousal support
obligation arising from the marriage to the former spouse; in a proceeding
brought against a spouse by the other parent in order to establish, modify,
or enforce a child support obligation for a child of a nonmarital relationship
of the spouse; or in a proceeding brought against a spouse by the guardian
of a child of that spouse in order to establish, modify, or enforce a
child support obligation of the spouse. The married person does not have
a privilege under this subdivision to refuse to provide information relating
to the issues of income, expenses, assets, debts, and employment of either
spouse, but may assert the privilege as otherwise provided in this article
if other information is requested by the former spouse, guardian, or other
parent of the child.
Any person demanding the otherwise privileged information made available
by this subdivision, who also has an obligation to support the child for
whom an order to estabish, modify, or enforce child support is sought,
waives his or her marital privilege to the same extent as the spouse as
provided in this subdivision.