What is the test for establishing a permanent estrangement under the marital privilege?

Id. at 238 (quoting United States v. Byrd, 750 F.2d at 594). The court indicated the duration of the physical estrangement as the guiding factor in determining "permanent separation." 791 F.2d at 238. However, "either party may bring forward special

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Other circuits have similarly balanced these interests and adopted other exceptions to the privilege. In United States v. Sims, the court recognized an exception to the marital privilege, concluding that discovering the truth about criminal activity outweighed protecting the privacy of marriage. 755 F.2d 1239, 1243 (6th Cir.1985). The case involved communications associated with criminal activity by a husband and wife. Id. at 1240 ("joint participants" exception).