Melania has been staying at a D.C. hotel since Stormy Daniels scandal

[LTG]

166. There are actually 2 marital privileges involved

The first is the Testimonial Privilege, this privilege is held by the spouse whose testimony is being sought. As the holder of the privilege they can not be compelled to testify, but may choose to do so.

The second is the Communication Privilege. This Privilege is held by the defendant spouse. The witness spouse can not testify to anything communicated to them by act or action that was meant to be confidential. The defendant may waive the privilege, but the witness spouse is prevented if the privilege is not waived.

Whether or not the communication is in fact confidential is based on a number of factors and is a determination made by the judge.

ETA: The above applies in all criminal and some civil cases. This does not apply to any case where the spouses are opposing parties to the action, such as a divorce.