In order for you to be covered by your medical insurance, one of you will be the policy holder, and the other will be considered a "dependent" on that policy.
I have insurance paid for by my employer (primary) and through my husband's employer (secondary). In my experience, I have never had to pay the copay required by my primary because it is covered by my secondary. When I first got married, 2 years ago, I still paid the copay, but the doctor's office would always send me a check for the copay a month later because the secondary paid it.
The Insurance company should ideally check the validity of the relationship (whether legal spouse) at the time of issuing the contract or at the time of naming the beneficiary. Again the basic essence of Insurance contract is the valid insurable interest. I presume the Insurance contract is binding on the insurance company and the surviving spouse need to be compensated with the benefit amount of the Insurance contract.
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