Divorce Ends Inheritance Rights
This statute draws a clear line. Once a divorce or annulment is final, the former spouse loses all rights that come with being a "surviving spouse" under Arizona's estate laws. That includes the intestate share, the elective share, the homestead allowance, exempt property, and the family allowance. The only exception is if the couple remarried each other before death.
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.
A.R.S. § 14-2802(A)One important detail: a decree of legal separation does not count as a divorce here. If a couple separates but remains legally married, the surviving spouse still has inheritance rights. This distinction matters because some couples separate without ever finalizing a divorce.
Invalid Divorces and Remarriage Complications
Arizona also addresses situations where the divorce itself may not be valid. If a former spouse obtained or consented to a divorce decree that Arizona does not recognize, they are still excluded from surviving spouse status, unless the couple later participated in another marriage ceremony or resumed living together as spouses.
The statute also covers a specific scenario: if the decedent obtained an invalid divorce and the former spouse then married a third person, that former spouse is disqualified. The same applies to anyone who was a party to a court proceeding that terminated all marital property rights.
For anyone going through a divorce, these rules highlight the importance of updating your estate plan promptly. Even though Arizona law provides some automatic protections, a comprehensive review of your trust, will, and beneficiary designations ensures there are no gaps.
