§ 30.1-10-02 — (2-802) Effect of divorce, annulment, and decree of separation

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 spouse 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 chapters 30.1-04 through 30.1-07 and section 30.1-13-03, 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 that participate in a
marriage ceremony purporting to marry each to the other or live together as
husband and wife;
b. An individual who, following an invalid decree or judgment of divorce or
annulment obtained 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
purporting to terminate all marital property rights.