Arizona Revised Statutes

Ariz. Rev. Stat. § 14-2802 (2026)

Effect of divorce, annulment and decree of separation

✓ current as of May 2026

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A. A person 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, that person 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 the purposes of this section, "surviving spouse" does not include:

1. A person who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of the marriage if that decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each to the other or live together as husband and wife.

2. A person who, after an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third person.

3. A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.

Notes of Decisions

Cited in 3 cases, 1978–2007 · leading case: In Re Est. of Rodriguez, 160 P.3d 679 (Ariz. Ct. App. 2007).

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In Re Est. of Rodriguez, 160 P.3d 679 (Ariz. Ct. App. 2007). · cites it 4× “A.R.S. § 14-2802 (2005). 8 . In Nolans Estate, decedent’s divorce from his first wife was never valid.”

Matter of Est. of Messer, 576 P.2d 150 (Ariz. Ct. App. 1978). · cites it 2× “A.R.S. § 14-2802 provides the definition of “surviving spouse” to be used in construing A.”

Buhler v. Adkins, 607 P.2d 970 (Ariz. Ct. App. 1979). · cites it 4× “Facts set forth in the majority opinion relating to pending dissolution proceedings and the equities relating thereto are manifestly immaterial in view of the provisions of A.R.S. § 14-2802. That statute clearly sets forth the circumstances under which dissolution proceedings…”

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