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 circumstances. Technically, an unauthorized spousal disclosure could also be prosecuted in some circumstances.
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.
