In divorce actions, marital communication privilege does not apply to which scenario?

In divorce actions, the marital communication privilege is designed to protect private communications made between spouses during the marriage to encourage open and honest communication. However, this privilege generally does not apply when it comes to testimony about marital confidences in the context of divorce proceedings.

When a couple is undergoing a divorce, any direct testimony regarding marital confidences may be allowed, particularly if the communication is relevant to the proceedings, such as instances of spousal misconduct, property division, or custody arrangements. The rationale behind allowing such testimony is that the court needs to make decisions based on all relevant information to ensure a fair outcome.

In contrast, communications related to property division, discussions about child custody, and collaborative discussions for reconciliation can still be protected under the privilege, as these are considered efforts to resolve issues within the marriage or dealings stemming from it. Each of these scenarios typically involve discussions that should remain confidential to promote trust and openness between spouses.

Therefore, the correct understanding is that testimony about marital confidences serves the interests of justice and the court's need to know relevant information in divorce proceedings, which is why this option stands out as a scenario where the marital communication privilege does not apply.