The proposal could affect what single, divorced and widowed motorists pay for coverage. However, it must still go through California’s regulatory review process.
Under Prop. 103, California auto insurers must base rates primarily on three factors: a driver’s safety record, annual miles driven and years of driving experience. Insurers may also use optional factors approved by the California Department of Insurance (DOI).
Since 1996, marital status has been one of those optional factors. Insurers that use it have generally treated married drivers as a lower insurance risk based on historical claims data. That can translate into lower premiums for married motorists than for otherwise similar unmarried drivers.
The insurance department’s change in position was prompted by a 2022 lawsuit brought by 11 unmarried drivers seeking to overturn the 1996 policy. The plaintiffs argued that sex, age, race and other personal characteristics are barred from consideration under state law.
How marital status affects rates
The difference varies by insurer and driver. Insurance comparison website The Zebra estimates that, on average, unmarried drivers in California pay 10% more in annual premiums than married drivers.
A separate Consumer Federation of America analysis found that single, divorced and widowed drivers received six-month premium quotes that were as much as $108 higher than those for married drivers at four of the five California insurers tested.
What happens next?
The proposal would not immediately remove marital status from insurance pricing. It must first go through the state’s formal rulemaking and review process.
Under the proposal, the department would no longer approve marital status as a rating factor in rate plans filed after Oct. 25, 2026. Insurers currently using marital status would be required to submit new rating plans eliminating the factor by July 1, 2027. Those plans would still be subject to DOI review.
For motorists, any effect on individual premiums would likely occur gradually as insurers revise their rating plans and receive regulatory approval.