75-2-802 - Effect of divorce, annulment, and decree of separation. - Utah Statutes

75-2-802. Effect of divorce, annulment, and decree of separation.
(1) An individual who is divorced from the decedent or whose marriage to the decedenthas been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, theindividual is married to the decedent at the time of death. A decree of separation that does notterminate 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 and Section 75-3-203, a surviving spouse doesnot include:
(a) 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 asvalid in this state, unless subsequently they participate in a marriage ceremony purporting tomarry each to the other or live together as husband and wife;
(b) an individual who, following an invalid decree or judgment of divorce or annulmentobtained 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 purportingto terminate all marital property rights.

Repealed and Re-enacted by Chapter 39, 1998 General Session