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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) Subject to sub. (2), “surviving spouse” means a person who was married to the decedent at the time of the decedent's death.
(2) “Surviving spouse” does not include any of the following:
(a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each other or they subsequently hold themselves out as husband and wife.
(b) An individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a 3rd individual.
(c) An individual who was party to a valid proceeding concluded by an order purporting to terminate all property rights based on the marriage.
Cite this article: FindLaw.com - Wisconsin Statutes Probate (Ch. 851 to 882) § 851.30. Surviving spouse - last updated January 01, 2025 | https://codes.findlaw.com/wi/probate-ch-851-to-882/wi-st-851-30/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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