Neb. Rev. Stat. » Chapter 30
Nebraska Revised Statutes

Neb. Rev. Stat. § 30-2353 (2026)

Effect of divorce, annulment, and decree of separation

✓ current as of July 2026
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(a) An individual who is divorced from the decedent or whose marriage to the decedent has been dissolved or annulled by a decree that has become final is not a surviving spouse unless, by virtue of a subsequent marriage, he or she is married to the decedent at the time of death. A decree of separation which does not terminate the status of husband and wife is not a divorce for purposes of this section.

(b) For purposes of parts 1, 2, 3, and 4 of this article and of section 30-2412, 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 or dissolution of their marriage, which 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 subsequently live together as man and wife;

(2) an individual who, following an invalid decree or judgment of divorce or annulment or dissolution of marriage obtained by the decedent, participates in a marriage ceremony with a third individual; or

(3) an individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights against the decedent.

Notes of Decisions
Cited in 3 cases, 1980–2003 · leading case: In Re Est. of Watson, 348 N.W.2d 856 (Neb. 1984).
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In Re Est. of Watson, 348 N.W.2d 856 (Neb. 1984). · cites it 58× “§ 42-372 (Reissue 1978) results in the other party to the dissolution becoming the surviving spouse of the deceased under the provisions of the Nebraska Probate Code, and in particular Neb.Rev.Stat. § 30-2353 (Reissue 1979). Both the county court for Adams County, Nebraska, and,…”
Prudential Ins. Co. of Am. v. Dulek, 504 F. Supp. 1015 (D. Neb. 1980). · cites it 32× “Neb.Rev.Stat. § 30-2353 (Reissue 1979). Relying on Section 30-2353(b)(3), the Duleks argue that the divorce decree obtained by Bonnie Dulek precludes her from being a “surviving spouse” under Nebraska law.”
In Re Est. of Pfeiffer, 658 N.W.2d 14 (Neb. 2003). · cites it 9× “210 (1998), specifically sets forth who is not a surviving spouse as follows: *502 (a) An individual who is divorced from the decedent or whose marriage to the decedent has been dissolved or annulled by a decree that has become final is not a surviving spouse unless, by virtue…”
— Neb. Rev. Stat. § 30-2353(a) — 3 cases
In Re Est. of Watson, 348 N.W.2d 856 (Neb. 1984). “§ 42-372 (Reissue 1978) results in the other party to the dissolution becoming the surviving spouse of the deceased under the provisions of the Nebraska Probate Code, and in particular Neb.Rev.Stat. § 30-2353 (Reissue 1979). Both the county court for Adams County, Nebraska, and,…”
In Re Est. of Pfeiffer, 658 N.W.2d 14 (Neb. 2003). “210 (1998), specifically sets forth who is not a surviving spouse as follows: *502 (a) An individual who is divorced from the decedent or whose marriage to the decedent has been dissolved or annulled by a decree that has become final is not a surviving spouse unless, by virtue…”
Prudential Ins. Co. of Am. v. Dulek, 504 F. Supp. 1015 (D. Neb. 1980). “Neb.Rev.Stat. § 30-2353 (Reissue 1979). Relying on Section 30-2353(b)(3), the Duleks argue that the divorce decree obtained by Bonnie Dulek precludes her from being a “surviving spouse” under Nebraska law.”
— Neb. Rev. Stat. § 30-2353(b) — 2 cases
In Re Est. of Watson, 348 N.W.2d 856 (Neb. 1984). “§ 42-372 (Reissue 1978) results in the other party to the dissolution becoming the surviving spouse of the deceased under the provisions of the Nebraska Probate Code, and in particular Neb.Rev.Stat. § 30-2353 (Reissue 1979). Both the county court for Adams County, Nebraska, and,…”
Prudential Ins. Co. of Am. v. Dulek, 504 F. Supp. 1015 (D. Neb. 1980). “Neb.Rev.Stat. § 30-2353 (Reissue 1979). Relying on Section 30-2353(b)(3), the Duleks argue that the divorce decree obtained by Bonnie Dulek precludes her from being a “surviving spouse” under Nebraska law.”
— Neb. Rev. Stat. § 30-2353(b)(3) — 3 cases
In Re Est. of Watson, 348 N.W.2d 856 (Neb. 1984). “§ 42-372 (Reissue 1978) results in the other party to the dissolution becoming the surviving spouse of the deceased under the provisions of the Nebraska Probate Code, and in particular Neb.Rev.Stat. § 30-2353 (Reissue 1979). Both the county court for Adams County, Nebraska, and,…”
Prudential Ins. Co. of Am. v. Dulek, 504 F. Supp. 1015 (D. Neb. 1980). “Neb.Rev.Stat. § 30-2353 (Reissue 1979). Relying on Section 30-2353(b)(3), the Duleks argue that the divorce decree obtained by Bonnie Dulek precludes her from being a “surviving spouse” under Nebraska law.”
In Re Est. of Pfeiffer, 658 N.W.2d 14 (Neb. 2003). “210 (1998), specifically sets forth who is not a surviving spouse as follows: *502 (a) An individual who is divorced from the decedent or whose marriage to the decedent has been dissolved or annulled by a decree that has become final is not a surviving spouse unless, by virtue…”
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