On March 31, 2014 at 8:43 am Andrew J. Kania, LL.B., LL.M. said: Yes, as long as the first spouse does not take them off and the policy of insurance does not contain a clause requiring the spouse to take the other spouse off of the policy of insurance, based on the separation. A 100% reliable answer can be provided if we are allowed to read the actual policy of insurance, as of course such policies have different wordings. (The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Andrew Kania for a free consultation).