§560:2-802  Effect of divorce,
annulment, decree of separation, and termination of reciprocal beneficiary
relationship.  (a)  An individual 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, the individual 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.  An
individual who has terminated a reciprocal beneficiary relationship with the
decedent is not deemed a surviving reciprocal beneficiary unless, by virtue of
a subsequent registration as a reciprocal beneficiary, the individual is the
reciprocal beneficiary of the decedent at the time of death.



(b)  For purposes of parts 1, 2, 3, and 4 of
this article, and of section 560:3-203, a surviving spouse or reciprocal
beneficiary does not include:



(1)  An individual who obtains or consents to a final
decree or judgment of divorce from the decedent or an annulment of their
marriage, which decree or judgment is not recognized as valid in this State,
unless subsequently they participate in a marriage ceremony purporting to marry
each to the other or live together as husband and wife;



(2)  An individual who, following an invalid decree or
judgment of divorce or annulment obtained by the decedent, participates in a
marriage ceremony with a third individual;



(3)  An individual who was a party to a valid
proceeding concluded by an order purporting to terminate all marital property
rights; or



(4)  An individual who does not have a certificate of
reciprocal beneficiary relationship declaring the decedent as their reciprocal
beneficiary or the relationship has been terminated under chapter 572C or otherwise.
[L 1996, c 288, pt of §1; am L 1997, c 383, §17]