I believe your concern is how to keep yourself from getting caught up in a lawsuit if your spouse, you are currently separated from, has an accident. Your best bet is to ask an attorney. Laws may differ from state to state as far as liability. It really has nothing to do with insurance per say because it plainly is liability law. Most times you are as liable as you spouse for any claim. That is why most insurance contracts specifically state the person who is insured is the person named in the declarations and spouse and�.. If your spouse has an accident and you find yourself sitting side-by-side in court, most likely your spouse�s insurance will protect both of you. However, I assume you both aren�t the best of friend right now. That being said, you really have no way of making sure your spouse maintains continuous insurance coverage with adequate liability limits. You could find yourself without insurance coverage or without enough insurance coverage. Unfortunately, the world has change but insurance and laws mostly have not. In a perfect world, we would not have this situation or at least there would be a simple solution. In this case insurance isn�t the problem or the solution. Your ultimate defense is divorce.
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