§ 5-1.2 Disqualification as surviving spouse\n (a) A husband or wife is a surviving spouse within the meaning, and\nfor the purposes of 4-1.1, 5-1.1, 5-1.1-A, 5-1.3, 5-3.1 and 5-4.4,\nunless it is established satisfactorily to the court having jurisdiction\nof the action or proceeding that:\n (1) A final decree or judgment of divorce, of annulment or declaring\nthe nullity of a marriage or dissolving such marriage on the ground of\nabsence, recognized as valid under the law of this state, was in effect\nwhen the deceased spouse died.\n (2) The marriage was void as incestuous under section five of the\ndomestic relations law, bigamous under section six thereof, or a\nprohibited remarriage under section eight thereof.\n (3) The spouse had procured outside of this state a final decree or\njudgment of divorce from the deceased spouse, of annulment or declaring\nthe nullity of the marriage with the deceased spouse or dissolving such\nmarriage on the ground of absence, not recognized as valid under the law\nof this state.\n (4) A final decree or judgment of separation, recognized as valid\nunder the law of this state, was rendered against the spouse, and such\ndecree or judgment was in effect when the deceased spouse died.\n (5) The spouse abandoned the deceased spouse, and such abandonment\ncontinued until the time of death.\n (6) A spouse who, having the duty to support the other spouse, failed\nor refused to provide for such spouse though he or she had the means or\nability to do so, unless such marital duty was resumed and continued\nuntil the death of the spouse having the need of support.\n
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