§ 5-1.2 Disqualification as surviving spouse

(a) A husband or wife is a surviving spouse within the meaning, and
for the purposes of 4-1.1, 5-1.1, 5-1.1-A, 5-1.3, 5-3.1 and 5-4.4,
unless it is established satisfactorily to the court having jurisdiction
of the action or proceeding that:

(1) A final decree or judgment of divorce, of annulment or declaring
the nullity of a marriage or dissolving such marriage on the ground of
absence, recognized as valid under the law of this state, was in effect
when the deceased spouse died.

(2) The marriage was void as incestuous under section five of the
domestic relations law, bigamous under section six thereof, or a
prohibited remarriage under section eight thereof.

(3) The spouse had procured outside of this state a final decree or
judgment of divorce from the deceased spouse, of annulment or declaring
the nullity of the marriage with the deceased spouse or dissolving such
marriage on the ground of absence, not recognized as valid under the law
of this state.

(4) A final decree or judgment of separation, recognized as valid
under the law of this state, was rendered against the spouse, and such
decree or judgment was in effect when the deceased spouse died.

(5) The spouse abandoned the deceased spouse, and such abandonment
continued until the time of death.

(6) A spouse who, having the duty to support the other spouse, failed
or refused to provide for such spouse though he or she had the means or
ability to do so, unless such marital duty was resumed and continued
until the death of the spouse having the need of support.