(1) 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, he or she 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.
(2) For purposes of parts 1, 2, 3, and 4 of this article, and of section 15-12-203, a surviving spouse does not include:
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 as valid in this state, unless subsequently they participate in a marriage ceremony purporting to marry each to the other or enter into a common-law marriage;
An individual who, following an invalid decree or judgment of divorce or annulmentobtained by the decedent, participates in a marriage ceremony or enters into a common-law marriage with a third individual; or
An individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
Source: L. 94: Entire part R&RE, p. 1027, § 3, effective July 1, 1995.
Editor's note: This section is similar to former § 15-11-802 as it existed prior to 1995.