Most clearance holders take seriously their obligation to keep classified information secret. But most of us married folks also share things with our spouses that we’d never share with anyone else; sometimes, that might inadvertently include classified information. So, what happens, hypothetically, if a clearance holder spills the beans during marital pillow-talk to an uncleared spouse?
First, I should reiterate that I’m speaking in hypotheticals here. I am not suggesting that anyone divulge classified information to their spouse, nor am I condoning that or trying to give anyone a road map for getting away with it. The only legal course of action here for clearance holders is to keep national security secrets secret – even from a spouse.
That being said, we’d all be kidding ourselves to pretend that this doesn’t happen. It’s only natural for a spouse to become a confidant and for the lines to be blurred at times in the sanctuary of home.
Practically speaking, the only ways the government finds out about this is by one party to the marriage divulging it (unless, of course, you have the great misfortune of having your home bugged by the feds because you’re already suspected of criminal activity). Most people don’t walk into their security office and come clean because of a guilty conscience. Rather, the issue usually gets discovered during a polygraph examination – where examinees are frequently asked about unauthorized disclosures of classified information – or as a result of an ex-spouse with an axe to grind being interviewed by background investigators.
The latter scenario is perhaps one of many good reasons to part ways with spouses as amicably as possible. But during the marriage itself, and in many cases, even surviving a divorce, the law recognizes certain privileges for spousal communications made in confidence. The laws here are complicated and implicate rules of evidence that would put most readers to sleep. As a general rule, however, communications made in private between spouses get to stay secret unless one spouse decides to open their mouth and negate the privilege.
If that happens, federal agencies take a dim view of spousal disclosures of classified information. Most would likely start security clearance revocation proceedings absent compelling mitigating circ*mstances. Technically, an unauthorized spousal disclosure could also be prosecuted in some circ*mstances.
Off-hand, I’m not aware of any cases of someone actually being prosecuted for divulging classified information to their spouse in the confidence of marriage; but that doesn’t mean it hasn’t happened, nor do I recommend anyone make themselves the test case. There are a handful of cases published by the Defense Office of Hearings and Appeals that implicate security clearance revocation – including this one, where the applicant narrowly beat a rap for sharing classified information with his (future) spouse, but lost his clearance on related grounds.
The take-away? There is no exception in the law allowing disclosure of classified information to a spouse not authorized to receive it. A hypothetical clearance holder caught in this dilemma might opt to take the win on spousal privilege and get out of the clearance business while the getting is good and no one is the wiser.
This article is intended as general information only and should not be construed as legal advice. Although the information is believed to be accurate as of the publication date, no guarantee or warranty is offered or implied. Laws and government policies are subject to change, and the information provided herein may not provide a complete or current analysis of the topic or other pertinent considerations. Consult an attorney regarding your specific situation.
FAQs
As a general rule, however, communications made in private between spouses get to stay secret unless one spouse decides to open their mouth and negate the privilege. If that happens, federal agencies take a dim view of spousal disclosures of classified information.
Can a spouse cause you to lose a security clearance? ›
There have been cases of people who have clearances denied or suspended due to the immigration status of their spouse or soon-to-be ex. Disclosing the relationship and following proper procedures for obtaining permanent US residency for your spouse can help mitigate these risks.
What is the spousal privilege classified information? ›
The spousal communications privilege applies in civil and criminal cases. It shields communications made in confidence during a valid marriage. The purpose of the privilege is to provide assurance that all private statements between spouses will be free from public exposure.
Do spouses get interviewed for security clearance? ›
The information you provide allows the agency to conduct a background check on your spouse, letting it learn more about a spouse's criminal history and other details. Spouses may also need to participate in interviews, though that can vary depending on the level of the security clearance.
What is the spousal privilege on a security clearance? ›
The privilege extends to both spouses.
The privilege of confidential marital communications only applies to issues spouses tell each other while married. EC 980 does not apply to communications between spouses before marriage or after divorce.
What happens if you share Top Secret information? ›
Shall be fined under this title or imprisoned not more than ten years, or both.
Does adultery affect security clearance? ›
While a polygraph may ask a question about “broken trust” with a significant other, the SF-86 does not have a question that deals specifically with whether or not you have had an affair. So, when it comes time to submit for a security clearance, the SF-86 is not the time to disclose this information.
What disqualifies you from a confidential security clearance? ›
You are not a U.S. citizen. You were dishonorably discharged from the military. You are currently involved in illegal drug use. You have been judged as mentally incompetent or mentally incapacitated by a mental health professional.
How many people fail to get a security clearance? ›
Just under 10% of applicants are denied by the National Security Agency. Just under 7% are denied by the CIA and just over 7% are rejected by the National Reconnaissance Office. Every candidate is evaluated carefully during the security clearance application process.
Are texts between spouses privileged? ›
California's marital/spousal privilege gives you the right to refuse to testify against your spouse in a criminal jury trial. The marital privilege also allows you to refuse to disclose any confidential communications made between you and your spouse during the course of the marriage.
A spouse may not have the right to privilege when there is other violence or abuse in the home. If the aggressor harms a child or someone else such as an elderly person in the house, he or she may have not right to invoke the spousal privilege.
Which states have spousal privilege? ›
Every state in the U.S. recognizes one or both of the types of spousal privilege recognized by federal courts and discussed above. Many states have statutes identifying the privilege and when it may be raised. Many states also recognize the same exceptions to the privilege as the federal courts do.
What if my husband refuse to go the immigration interviews? ›
If your spouse fails to show up to the interview, your case will be denied, if your spouse sabotage is the interview, is rude to the officer, does an answer questions crackly, and ”forgets” vital part of the relationship, they will be a significant chance of denial and your credibility and that of your spouse will be ...
Does a security clearance check family members? ›
For a Top Secret security clearance, the background investigation includes additional record checks which can verify citizenship for the applicant and family members, verification of birth, education, employment history, and military history.
How does divorce affect security clearance? ›
The security clearance process will include disclosing present and past divorces. A divorce will not prevent you from obtaining a security clearance. After all, you are human too. Your security clearance is important for you to keep your job, support yourself and your children.
Can people in the CIA tell their spouse? ›
In order to protect sources and methods, and in the interest of maintaining national security, most CIA employees can't discuss their work, even with family.
Can I tell people I have a security clearance? ›
While it's common for veterans to err on the side of caution and avoid mentioning their clearance, doing so may not be necessary if you follow the guidelines provided by the agencies that issued your clearance. In fact, having a security clearance can be a valuable asset when seeking employment in certain sectors.
Can you tell your spouse secrets? ›
The answer is simple: It's not your secret to tell. Respecting boundaries in a relationship is a rule that applies to friendships too – if you've been asked not to share, there's no reason why you should. If your partner decides not to elaborate on a secret their friend has told them, do not push them.
Do you have a right to privacy from your spouse? ›
Some things to remember in any relationship: You have the right to privacy in any relationship, including with your spouse, partner, and family.
