14-2802

14-2802. Effect of divorce, annulment and
decree of separation

A. A person who is divorced from the decedent or whose marriage to the decedent has
been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, that
person is married to the decedent at the time of death. A decree of separation that does
not terminate the status of husband and wife is not a divorce for purposes of this
section.

B. For the purposes of this section, "surviving spouse" does not include:

1. A person who obtains or consents to a final decree or judgment of divorce from
the decedent or an annulment of the marriage if that decree or judgment is not recognized
as valid in this state, unless they subsequently participate in a marriage ceremony
purporting to marry each to the other or live together as husband and wife.

2. A person who, after an invalid decree or judgment of divorce or annulment
obtained by the decedent, participates in a marriage ceremony with a third person.

3. A person who was a party to a valid proceeding concluded by an order purporting
to terminate all marital property rights.