Is there any problem with defining an eligible dependent as "you spouse, who is living in the same dwelling as you, unless legally separated."

There are several instances where the employee and spouse are living apart but are still married. Should the "spouse" still be entitled to coverage? Is there any rule or precedent for this?

maybe we're unique but some of our spouses don't live on the same continent and they're still eligible.

Many plans require the spouse to live in the same house.