Alabama § 43-8-252 - Effect of Divorce, Annulment, or Decree of Separation.
Full text of Alabama Code of Alabama § 43-8-252 — Effect of Divorce, Annulment, or Decree of Separation., with citation guidance and answers to common questions.
§ 43-8-252. Effect of Divorce, Annulment, or Decree of Separation.
(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, the individual 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.
(b) For purposes of Sections 43-2-690 through 43-2-696.02, 43-8-40 through 43-8-49, 43-8-55 through 43-8-58, 43-8-70 through 43-8-76, 43-8-90, 43-8-91, and 43-8-110 through 43-8-113, 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 remarry;
(2) An individual who, following a decree or judgment of divorce or annulment obtained by the decedent, marries a third person; or
(3) An individual who is a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 43-8-252
What does Code of Alabama § 43-8-252 cover?
Section 43-8-252 ("Effect of Divorce, Annulment, or Decree of Separation.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 43-8-252?
A common citation format is "Code of Alabama § 43-8-252" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 43-8-252 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.