Idaho Statutes

§ 15-2-802 — EFFECT OF DIVORCE, ANNULMENT, AND DECREE OF SEPARATION

Idaho·Title 15 UNIFORM PROBATE CODE·Part 8. GENERAL PROVISIONS·Ch. 2 INTESTATE SUCCESSION — WILLS
(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, he is married to the decedent at the time of death. A decree of separation which does not terminate the status of husband and wife is not a divorce for purposes of this section.
(b)For purposes of parts 1, 2, 3 and 4 of this chapter and of section 15-3-203 of this code, a surviving spouse 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 they subsequently participate in a marriage ceremony purporting to marry each to the other, or live togethe

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Related

Barnedt v. Wilder
49 P.3d 1265 (Idaho Court of Appeals, 2002)
1 case citations

Legislative History

[15-2-802, added 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 7, p. 319; am. 2016, ch. 362, sec. 1, p. 1068.]

Nearby Sections

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