N.Y. Estates, Powers & Trusts Law § 5-1.2: Disqualification as surviving spouse

§ 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.