SDCL § 29A-2-802: Effect of divorce, annulment, and decree of separation.

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.

Source: SL 1995, ch 167, § 2-802.