§ 1-202. Surviving spouse

   (a) Valid divorce. -- No person who has received an absolute divorce from the decedent or whose marriage to the decedent has been validly annulled is a surviving spouse.

(b) Divorce in another state. -- No person who has voluntarily appeared in a proceeding in which an absolute divorce between the decedent and the survivor, or an annulment of their marriage was obtained, even though not recognized as valid in this State, is a surviving spouse. This subsection does not apply if the parties to the divorce or annulment subsequently remarry each other.

(c) Marriage to a third party. -- No person who participates in a marriage ceremony with a third person, after a decree or judgment of divorce or annulment obtained by the decedent, is a surviving spouse.

(d) Conviction of bigamy. -- No person who has been convicted of bigamy while married to the decedent is a surviving spouse.

HISTORY: An. Code 1957, art. 93, § 1-202; 1974, ch. 11, § 2; 1986, ch. 396, § 1.