How many days must my spouse and I reside at the same residence over a 365 day period in order for us to be able to legally claim that we live together?

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How many days must my spouse and I reside at the same residence over a 365 day period in order for us to be able to legally claim that we live together?

My health insurance company states that in order for a spouse to be covered under the policy the husband and wife must reside at the same dwelling. My wife and I are legally separated. Would living together 1 day a month allow us to technically claim that we live at the same location?

Asked on August 27, 2012 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Here is the thing: you are not legally living together; you are legally separated according to what you have written here. But generally speaking, a health insurer can not deny you coverage for your spouse and your wife is still your spouse.  Do you have an attorney in the separation proceeding?  I would speak with him or her about the matter and have them contact the health insurer and ask for their position IN WRITING and referencing the health benefits contract and the law.  Good luck.


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