Tennessee Code Annotated
Tenn. Code Ann. § 31-1-102 (2026)
Effect of divorce, annulment, and decree of separation
✓ current as of May 2026
- (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, the 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 purposes of this title, a 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 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 husband and wife;
- (2) A person who, following a valid or invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third person; or
- (3) A person who was a party to a valid marital dissolution agreement or a valid proceeding concluded by an order purporting to terminate all marital property rights.
Acts 1977, ch. 25, § 1; T.C.A., § 31-102; Acts 1987, ch. 390, § 2.
Notes of Decisions
Cited in 6
cases, 1984–2018 · leading case: Hall v. Jeffers, 767 S.W.2d 654 (Tenn. Ct. App. 1988).
Hall v. Jeffers, 767 S.W.2d 654 (Tenn. Ct. App. 1988). “That act, as further amended in 1987 without material change, is now codified as T.C.A. § 31-1-102. As pertinent here, it provides: “(b) For the purposes of this title, a surviving spouse does not include: .”
Montesi v. Est. of Montesi, 682 S.W.2d 906 (Tenn. 1984). “In the present case the Court of Appeals was called upon to construe the provisions of T.C.A. § 31-1-102, enacted as part of 1977 Tenn.”
In Re: The Est. of Wanda Jeanne Starkey, 556 S.W.3d 811 (Tenn. Ct. App. 2018). “(d) For purposes of this section, divorce or annulment means any divorce or annulment that would exclude the spouse as a surviving spouse within the meaning of § 31-1-102(b). A decree of separation that does not terminate the status of husband and wife is not a divorce for…”
In Re Emma S. (Tenn. Ct. App. 2018). “Thus, Petitioners have proven grounds for the termination of her parental rights pursuant to Tenn. Code Ann. §31-1-102 (1)(A)(iv). Mother does not take issue with the court’s factual findings or contend that they are not supported by the evidence; upon our review, with the…”
Est. of Marion English Truett (Deceased) (Tenn. Ct. App. 1997). “1986); T.C.A. § 31-1-102(b) (Supp. 1988).4 In order to have the effect of waiving the rights of a surviving spouse, however, the agreement must purport “to conclude all marital rights and to effect a full settlement thereof under all contingencies.”
Oakley v. Oakley, 686 S.W.2d 85 (Tenn. Ct. App. 1984). “On the other hand, defendant’s affidavit was to the effect that she was the surviving spouse of the decedent at the time of his death and thus was qualified to serve.”
— Tenn. Code Ann. § 31-1-102(b) — 2 cases
In Re: The Est. of Wanda Jeanne Starkey, 556 S.W.3d 811 (Tenn. Ct. App. 2018). “(d) For purposes of this section, divorce or annulment means any divorce or annulment that would exclude the spouse as a surviving spouse within the meaning of § 31-1-102(b). A decree of separation that does not terminate the status of husband and wife is not a divorce for…”
Est. of Marion English Truett (Deceased) (Tenn. Ct. App. 1997). “1986); T.C.A. § 31-1-102(b) (Supp. 1988).4 In order to have the effect of waiving the rights of a surviving spouse, however, the agreement must purport “to conclude all marital rights and to effect a full settlement thereof under all contingencies.”
— Tenn. Code Ann. § 31-1-102(b)(3) — 3 cases
Hall v. Jeffers, 767 S.W.2d 654 (Tenn. Ct. App. 1988). “That act, as further amended in 1987 without material change, is now codified as T.C.A. § 31-1-102. As pertinent here, it provides: “(b) For the purposes of this title, a surviving spouse does not include: .”
Montesi v. Est. of Montesi, 682 S.W.2d 906 (Tenn. 1984). “In the present case the Court of Appeals was called upon to construe the provisions of T.C.A. § 31-1-102, enacted as part of 1977 Tenn.”
Est. of Marion English Truett (Deceased) (Tenn. Ct. App. 1997). “1986); T.C.A. § 31-1-102(b) (Supp. 1988).4 In order to have the effect of waiving the rights of a surviving spouse, however, the agreement must purport “to conclude all marital rights and to effect a full settlement thereof under all contingencies.”
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