Understanding Confidentiality Rules in Couples Therapy...

Understanding Confidentiality Rules in Couples Therapy

This is a really important question, and I am glad you are asking it before you walk into a therapist’s office rather than after.

Here is the honest lay of the land.

Confidentiality in couples therapy is different from individual therapy, and most people do not know that going in.

When you come in as a couple, the “client” is typically the relationship itself, not either of you as individuals. That distinction matters. Here is what it means practically:

What stays in the room: Almost everything shared in your sessions together is confidential from the outside world. Your therapist cannot tell your employer, your family, your kids’ school, any of that. The usual limits apply, meaning if someone is in danger of harming themselves or someone else, or if there is child abuse or elder abuse, the therapist has a legal and ethical obligation to report. That is true everywhere.

The trickier question: individual secrets. Some couples therapists, myself included, will not hold secrets from one partner on behalf of the other. If you call me between sessions and tell me something your partner does not know, I am not going to be your secret keeper. That dynamic poisons the work. Other therapists handle this differently, so ask your therapist directly: “What is your policy if one of us discloses something privately that the other does not know?”

Think of it this way: I am not Switzerland. I am not neutral territory where you can stash your secrets and hope they stay buried. I am working for the relationship, which means both of you need to know what is happening in the room.

Some therapists will hold secrets for a limited time while they help the secret-keeper figure out how to disclose. Others refuse to take individual calls at all. There is no universal standard, which is why you need to ask upfront.

Here is what I tell every couple on day one: anything you tell me alone, I consider fair game for our joint sessions. If you are not ready for your partner to know something, do not tell me either. Work on that piece in individual therapy first.

Ask that question before your first session. It will tell you a lot about how that therapist works. If they hem and haw or give you a vague answer, find someone else. You deserve to know the rules before you start playing the game.

The goal is not to create a space for more secrets. The goal is to create a space where the truth can finally breathe.

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About Figs O’Sullivan, LMFT
Figs is a licensed marriage and family therapist with 16+ years of experience working with couples. He’s the co-founder of Empathi, host of the “Come Here to Me” podcast, and author of an upcoming book on relationships and the systems that shape how we love.

Read more: What to Expect in Your First Couples Therapy Session

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Fiachra "Figs" O’Sullivan is a Certified EFT Therapist (ICEEFT), a renowned couples therapist, and the founder of Empathi.com. He believes the principles of secure attachment and sound money are the two essential protocols for building a future filled with hope. A husband and dad, he lives in Hawaii, where he’s an outrigger canoe paddler, getting humbled daily by the wind and waves. He’s also incessantly funny, to the point that he should probably see someone about that.

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Frequently Asked Questions

Can my couples therapist keep secrets if I tell them something in private?+
Here's the honest truth: most couples therapists (myself included) have a no-secrets policy. If you tell me something separately, I'll encourage you to share it in session, but I won't keep it from your partner indefinitely. The relationship is my client, not either of you individually. Secrets create what I call the Versus Illusion, where you start seeing your therapist as your ally against your partner instead of someone helping you both fight the real enemy (the negative patterns destroying your bond). If you need individual work around trauma or addiction, I'll refer you to someone else for that parallel process.
What happens to confidentiality in couples therapy if we get divorced?+
If you divorce, both of you typically need to consent for any therapy records to be released in legal proceedings. Your couples therapy sessions can't be subpoenaed by just one person. That said, if there's been domestic violence or child abuse disclosed in session, those mandatory reporting rules still apply regardless of your marital status. The goal isn't to create ammunition for court battles. Remember, even if your marriage doesn't survive, the emotional repair work we do helps you co-parent better and avoid passing your Waltz of Pain down to your kids.
Are there things my couples therapist has to report even if I don't want them to?+
Yes, there are specific situations where I'm legally required to break confidentiality: if someone is threatening to harm themselves or others, if there's ongoing child abuse or elder abuse, or if I'm subpoenaed for records involving those issues. These aren't common, but they're real. The vast majority of what happens in session stays in session. Your fights about money, sex, in-laws, who forgot to take out the trash again, all of that is completely confidential. If you want to explore these questions more deeply before starting therapy, check out Figlet, our AI relationship coach for a safe space to process your concerns first.