Colorado § 15-11-802 - Effect of divorce, annulment, and decree of separation.

§ 15-11-802. 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 individual is married to the decedent at the time of death. A decree of separation that does not terminate the marriage is not a divorce for purposes of this section.

(2) For purposes of parts 1, 2, 3, and 4 of this article, and of section 15-12-203, 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 they participate in a marriage ceremony purporting to marry each to the other or enter into a common-law marriage;

(b) An individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony or enters into a common-law marriage 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.

Source: L. 94: Entire part R&RE, p. 1027, § 3, effective July 1, 1995. L. 2022: (1) amended, (SB 22-092), ch. 60, p. 277, § 10, effective August 10.

Editor's note: This section is similar to former § 15-11-802 as it existed prior to 1995.

ANNOTATION

This section in no way limits a testator's authority to bequeath property to a person by name, whether that person is a former spouse or not. What the statute does prevent is a former spouse from taking property which the decedent has expressly devised to the "surviving spouse". Where a decedent has bequeathed property to a "surviving spouse" by specifically using the term "surviving spouse", this section bars the former spouse from taking that property. Christensen v. Sabad, 773 P.2d 538 (Colo. 1989).

Applied in McDonald v. Hutchins, 43 Colo. App. 135, 602 P.2d 889 (1979).