The Effect of Divorce on Inheritance Rights
This statute draws a clear line. Once a divorce or annulment is final, the former spouse loses all surviving spouse rights.
Those rights include the intestate share, elective share, homestead allowance, exempt property, and family allowance. The only exception is if the couple remarried each other before one spouse died.
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)A decree of legal separation does not count as a divorce here. If a couple separates but stays legally married, the surviving spouse still has inheritance rights.
Invalid Divorces and Remarriage
This statute also covers cases where the divorce itself may not be valid. If a former spouse got or agreed to a divorce not recognized here, it still applies. They lose surviving spouse status unless the couple later held a new marriage ceremony or resumed living together.
The statute covers another specific case. If the decedent got an invalid divorce and the former spouse then married someone else, that former spouse cannot inherit.
When joint property is involved, the divorce changes who inherits. Property held as joint tenants with right of survivorship may convert to tenancies in common after divorce.
Why Updating Your Estate Plan Matters
For anyone going through a divorce, these rules show why updating your estate plan matters. The law provides some automatic protections. However, a full review of your trust, will, and beneficiary forms helps close any gaps.