Will My Spouse Know What I Tell My Attorney?

 Posted on April 22, 2025 in Divorce

 Posted on April 22, 2025 in Divorce

When going through a divorce, conversations with your attorney can feel like the only safe space to vent, strategize, and seek guidance. However, it is natural to wonder—is anything I say to my lawyer truly private? With emotions running high and relationships strained, protecting your legal conversations becomes just as important as protecting your assets or parental rights.

Fortunately, Illinois law offers clear protections to ensure confidential discussions with your lawyer stay confidential. An Illinois family law attorney can help you understand these protections and what actions might put your privacy at risk.

What Is Attorney-Client Privilege?

Attorney-client privilege is a legal concept that protects communications between a client and his or her attorney from being shared without the client’s consent. This was created to allow clients to speak openly and honestly with their lawyers, which is vital in building a strong legal case. Therefore, if you tell your lawyer something about your marriage, finances, or personal concerns during a divorce case, that information is generally protected.

Can My Spouse Access What I Say to My Attorney?

In almost all situations, the answer is no. Your spouse is not entitled to know what you say to your attorney if that conversation is protected by attorney-client privilege. This includes:

• Emails or written communications sent directly to your lawyer

• Private in-person or phone conversations

• Strategy discussions about your divorce case

• Questions you ask about your legal rights or options

However, this protection is not absolute. There are instances where the privilege could be intentionally or unintentionally waived.

When Could Privilege Be Waived?

Attorney-client privilege can be lost if certain conditions are met. Some examples include:

• Sharing the information with a third party: If you discuss your attorney’s advice with someone else, it may no longer be considered confidential.

• Having conversations in public spaces: If your conversation with your lawyer is overheard, even accidentally, it might not be protected.

• Using work email or shared devices: Communicating with your attorney through an employer’s email account or a computer shared with your spouse could expose those messages.

Can My Attorney Be Forced to Disclose What I Said?

Illinois law strongly favors keeping attorney-client communications private. In most cases, your attorney cannot be compelled to testify about or share what you said in private. Exceptions exist only in rare circumstances, such as if a client uses the attorney’s services to commit a crime or fraud.

Unless your case falls under one of these narrow exceptions, your lawyer cannot reveal what you discussed—even if your spouse asks during discovery or trial.

Should I Be Concerned About Privacy During Divorce?

Divorce can bring out tensions and suspicion between spouses, especially when sensitive matters like finances or parenting are involved. A private and protected relationship with your attorney allows you to explore legal strategies without fear of retaliation or exposure.

Knowing that your communications are protected by law can provide peace of mind. It also allows your attorney to better advocate on your behalf since he or she has accurate and complete information.

Contact a DuPage County, IL Divorce Lawyer

If you are worried about what your spouse might learn during your divorce, a Wheaton, IL family law attorney at Goostree Law Group can help protect your rights and your privacy. Our team is committed to maintaining strict confidentiality and guiding you through each step of your case. Call us today at 630-364-4046 to schedule a free and confidential consultation.