75-2-802 - Effect of divorce, annulment, and decree of separation.
75-2-802. Effect of divorce, annulment, and decree of separation.
(1) An individual who is divorced from the decedent or whose marriage to the decedenthas been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, theindividual is married to the decedent at the time of death. A decree of separation that does notterminate the status of husband and wife is not a divorce for purposes of this section.
(2) For purposes of Parts 1, 2, 3, and 4 and Section 75-3-203, a surviving spouse doesnot include:
(a) an individual who obtains or consents to a final decree or judgment of divorce fromthe decedent or an annulment of their marriage, which decree or judgment is not recognized asvalid in this state, unless subsequently they participate in a marriage ceremony purporting tomarry each to the other or live together as husband and wife;
(b) an individual who, following an invalid decree or judgment of divorce or annulmentobtained by the decedent, participates in a marriage ceremony with a third individual; or
(c) an individual who was a party to a valid proceeding concluded by an order purportingto terminate all marital property rights.
(1) An individual who is divorced from the decedent or whose marriage to the decedenthas been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, theindividual is married to the decedent at the time of death. A decree of separation that does notterminate the status of husband and wife is not a divorce for purposes of this section.
(2) For purposes of Parts 1, 2, 3, and 4 and Section 75-3-203, a surviving spouse doesnot include:
(a) an individual who obtains or consents to a final decree or judgment of divorce fromthe decedent or an annulment of their marriage, which decree or judgment is not recognized asvalid in this state, unless subsequently they participate in a marriage ceremony purporting tomarry each to the other or live together as husband and wife;
(b) an individual who, following an invalid decree or judgment of divorce or annulmentobtained by the decedent, participates in a marriage ceremony with a third individual; or
(c) an individual who was a party to a valid proceeding concluded by an order purportingto terminate all marital property rights.
Repealed and Re-enacted by Chapter 39, 1998 General Session