Legal Question in Criminal Law in Virginia

Spousal privilege allows one spouse to refrain from testifyng against the other

in most criminal matters save certain exceptions involving domestic violence

and crimes involving children.

However, if and when the privilege applies, it is applicable only to matters

that occurred during the marriage and not to any that preceded the bond

of matrimony. Therefore, in answer to your question, if you were to marry

tomorrow, the Commonwealth could still seek to compel your testimony in

the felonious matter in which your boyfriend has been charged.