A question about spousal privilege?

Are you expecting something in the mail you don't want your spouse to see? Maybe you should get a post office box at the local post office. The small ones are quite inexpensive.

Federal privacy laws prohibits the opening of another person's mail. Title 18-Part 1-Chapter 83-1703 states in part that "Whoever, without the authority opens or destroys any mail or newspaper package not directed to him shall be fined under this title or imprisoned not more than one year or both." Obviously there can be large variances in how the law is applied.

If you and your spouse are going through a divorce, do not open her mail or his mail. And don't open any ones mail unless you get it in writing and I still wouldn't open it. Just because it came to the house you are not entitled to it. Spouses do all kinds of things when going through a divorce, its like firer and rain. I do know this the post office took a written statement from me for my sister to pick up mail while I was visiting out of state. I agreed to it! Yes there is the privacy act so don't do the no, no and don't set up a false p.o Box they are not stupid the postoffice.

Joyce B is right. But as your husbands wife you most likely have authority.After all is your husband going to prosecute you? I have permission because I pay all of the bills and they all come in my husband's name. Also you can as his wife claim that you opened it by accident in the course of your wifely duties in running the house hold. I do not think that it would be a case that would hold up in court if a husband did want to prosecute his wife for opening his mail. Or vise versa. Also as a side note...My ex-husband's name was Alan and much of his mail was marked A. Nicholas. Well I was a Nicholas so I opened it! Hahahaha.Peace&love be with you...~M~

Spousal or otherwise, it is illegal to open someone elses mail! My Dad opened one of mine, and I was furious! I refused to read what was in that letter. If my husband opened my mail, he would find the front door closed behind him!

I think it varies from state to state but here in Texas it is okay as long as the mail comes to your residence and you are not yet legally divorced. I do not know about going through a divorce.

Many people here in my state get upset because their spouse steals their car but until the divorce is final and until a judge rules on who gets what the local police cannot consider it stolen.

Edit I realize this is federal and not local but so is recieving death threats in the mail. I recieved threats in the mail and contacted the FBI which handles mail crime and the Agent said nothing could be done and he also said he is contacted by spouses who do not want their rmail opened by their spouses and said it is not prosecutable. However a good attorny can find a way to get things to court. I get frustrated at mail crime because even though something is a crime you cannot get authorities to act. This year I had someone to keep putting dead fish and other dead things in my mailbox with death threats and was told nothing could be done. I also have a lot of problem with neighbors stealing mail and was told nothing could be done. Heck I even had it on film one person stealing a box of candy out of my box and the Post Office said nothing could be done. so I moved my mail box closer to my house and upset the mail carrier. Her supervisor called me and tried to force me to move it back and I refused and reminded him he said nothing could be done about neighbors stealing my mail but I could do something and if they stopped giving me my mail I would take it to court. that was 10 years ago and I still get my mail and have not moved it back.

Something may be a crime but in my experience when it comes to the mail it has to be really big for the authorities to act. I have known several women who we were friends with whose husband opened their mail and was told nothing could be done.

I also sat on one jury panel and the judge had to make us wait to deal with two people getting divorced and he had been stealing her mail and the judge did nothing to him for doing it but had it in his document they had to sign that if he opened or kept any of her mail from that day on then he would go to jail.

You can open your spouse's mail if you have permission to open it or it is addressed to the both of you.

Good question. I do it all the time, without thinking about it. If it's not something you do regularly, then I probably wouldn't.

Legally, I don't know. But I wouldn't do it. It just doesn't sound good.