text: does a wife have to testify against a husband in a civil case?   in a civil case, a wife can invoke what is called "the marital privilege."  this is different from the right of a criminal defendant's spouse to refuse to testify all together, the "spousal immunity privilege."  the "marital privilege" applies in both civil and criminal cases.  the spouse still has to testify, but certain testimony will be priviledged. here are the basics:   1.  all confidential communications are privilege.  this mean no third party can be present (with the exception of children too young to understand). 2.  the parties must be married at the time the communication occurs.   3.  there is a split about whether actions observed by a spouse fit under the privelege (i.e. a wife witnesses her husband receiving stolen goods).  this will be up to your individual jurisdiction.  4. the privilege does not apply to suits between spouses. 5.  only the spouses can claim the privilege.