Is it legal for your husband to open upyour mail?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for your husband to open upyour mail?
My husband always gets the mail first and I never get any, not even junk mail. He has used my name to subscribe to some magazines I noticed. Is it legal for him to open up accounts in my name?
Asked on August 9, 2011 Michigan
Answers:
L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The Privacy Act prohibits the behavior as described in your question. Additionally, you may have seen in the news more recently that people have received jail time for reading their spouses emails. With the law trying to catch up with technology, it may one day be illegal to read your spouse’s Facebook and Myspace accounts and the messages contained therein.
However, if any of the mail is addressed to both of you, then it would be permissible for your spouse to open the mail. If it is solely addressed to you, then opening your mail is illegal. It is actually a Federal offense to open anyone else’s mail than your own, so being married would not change that. Being married just makes it easier to have access to someone else’s mail.
No, your spouse is not legally permitted to open up accounts under your name. Unless a spouse were to give their written consent (such as a Power of Attorney) to their spouse to share their information, the Privacy Act prohibits a spouse from sharing the other spouse's information in Health Care, Financial or Government institution, or any other legal matter.
While it may be illegal for your spouse to be opening your mail, as long as you remain married and have your mail being sent to the same residence, it may be difficult to correct the situation. If you are planning on a separation or divorce, it may be helpful to speak with a family law attorney to assist you along the way.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.