Ala. Code
Code of Alabama

Ala. Code § 43-8-252 (2026)

Effect of Divorce, Annulment, or Decree of Separation.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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(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.

(Acts 1982, No. 82-399, §2-802; Act 2025-431, §1.)

Notes of Decisions
Cited in 1 case, 1986–1986 · leading case: Garrard v. Lang, 489 So. 2d 557 (Ala. 1986).
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Garrard v. Lang, 489 So. 2d 557 (Ala. 1986). “Garrard is decedent’s surviving spouse, and according to Code 1975, § 43-8-252 (1982 repl. vol.), which provides the applicable statutory definition, 1 Ms.”
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