1.32.110 Effect of Divorce, Annulment and Decree of Separation
A person who is divorced from a decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent remarriage, he or she is married to the decedent at the time of passing. A decree of separation which does not terminate the status of husband and wife is not a divorce for purposes of this Code.