§ 15-11-802 — Effect of divorce, annulment, and decree of separation

Colorado § 15-11-802

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Intestate Succession and Wills

Text

(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, the individual is married to the decedent at the time of death. A decree of
separation that does not terminate the marriage 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:

(a) 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 enter
into a common-law marriage;

(b) An individual who, following an invalid decree or judgment of divorce or
annulment obtained by the decedent, participates in a marriage ceremony or enters
into a common-law marriage with a third individual; or

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

Legislative History

Source: L. 94: Entire part R&RE, p. 1027, � 3, effective July 1, 1995. L. 2022: (1) amended, (SB 22-092), ch. 60, p. 277, � 10, effective August 10.