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. 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.
South Dakota Legal Code