Attorney-client privilege protects confidential communications between a client and that client's own attorney made for the purpose of getting or giving legal advice, meaning a court generally cannot force either one to reveal what was said. In a family law case, this protection covers conversations with a personal attorney, but it does not cover conversations between spouses simply because they are married, and it can be broken entirely if a third person is present for or copied on the communication.
What privilege covers
According to Cornell Law School's Legal Information Institute, attorney-client privilege applies to confidential communications between a client and an attorney made for the purpose of seeking or receiving legal advice. It belongs to the client, who can choose to waive it, and it exists to encourage full and honest disclosure so an attorney can give sound advice. This includes conversations, emails, texts, and documents created for the purpose of that legal advice, as long as they are kept confidential.
Misunderstanding one, spouses are not automatically covered
A separate legal concept, sometimes called spousal privilege or marital communications privilege, can protect certain private communications between married partners, but it works differently from attorney-client privilege, has different rules about who holds it, and varies significantly from one jurisdiction to another. In an active divorce or custody dispute, spouses are typically adverse parties, and neither can rely on attorney-client privilege to protect what was said to the other, since that privilege only applies to communications with one's own attorney.
Misunderstanding two, third parties can break privilege
Privilege generally requires confidentiality. Legal resources on this topic note that when a third person is present during a conversation with an attorney, or is copied on an email, or overhears a phone call, the privilege can be lost for that communication because it was no longer kept between the client and the attorney alone. A well-meaning family member, a new partner, or even a child added to a group text with an attorney can unintentionally strip away protection that would otherwise apply. Forwarding an attorney's email to someone else carries the same risk.
Misunderstanding three, a therapist is a different privilege
Communications with a therapist or counselor may be protected by a separate legal concept, often called psychotherapist-patient privilege, which has its own rules about what it covers, who can waive it, and what exceptions apply, including situations involving reports of harm to a child. It is a distinct protection from attorney-client privilege, held and governed differently, and it should not be assumed to work the same way.
Because privilege rules can be technical and vary by jurisdiction, and because a mistake can permanently waive protection that cannot be restored later, anyone with questions about what is or is not protected in their own case should speak directly with a licensed attorney about the specific facts involved.