Courts and legislatures of the United States generally view communications between husband and wife as privileged against court-room disclosure. The protection which the courts, legislatures and text writers' have favored seems to stem from the basic premise "that the privilege against court-room disclosure is needed for the encouragement of marital confidences, which confidences in turn promote harmony between husband and wife." Affection and understanding between husband and wife seem far more important for marital harmony than confidence based on a legal rule of evidence.
Donald L. Guarnieri, Husband-Wife Privileged Communications Summarized, 8 Clev.-Marshall L. Rev. 531 (1959)