Rep. Madison Cawthorn announces that he and his new bride are already getting divorced.

[Ms. Toad]

22. That depends.

There are two distinct marital "privileges."

Cawthorn can prevent her from testifying about anything he communicated to her after they married, in reliance on the confidence of that relationship. Even if she wants to testify. That right is limited to communications and survives divorce.

A second "privilege" is the right not to testify against your husband during the marriage. That "privileged" is broader (it covers all adversarial testimony) and narrower (it ends when the marriage ends).

Both are state rules - but most states have some variation on both. The former is a privilege; the latter is a presumption of incompetence which the testifying spouse can waive.