communication privilege (same in Tex & Fed)
(a)    confidential: made privately btwn person and spouse and not intended for disclosure to others
(b)    when? made during marriage (and lasts forever) (even c/L Colburn)
(c)    who?  made to spouse
(i)    Permanent separation the priv. won’t attach
–    was the couple cohabitating
–    if they weren’t how long had they been living apart
–    had either spouse filed for divorce
(ii)    BOP by preponderance by party claiming protection that not separated
(d)    who claims?  person or guardian/rep or by spouse on person’s behalf (so in effect both must agree)