2006 New York Code - Disqualification As Surviving Spouse

 
  § 5-1.2 Disqualification as surviving spouse
    (a)  A  husband  or wife is a surviving spouse within the meaning, and
  for the purposes of 4-1.1,  5-1.1,  5-1.1-A,  5-1.3,  5-3.1  and  5-4.4,
  unless it is established satisfactorily to the court having jurisdiction
  of the action or proceeding that:
    (1)  A  final decree or judgment of divorce, of annulment or declaring
  the nullity of a marriage or dissolving such marriage on the  ground  of
  absence,  recognized as valid under the law of this state, was in effect
  when the deceased spouse died.
    (2) The marriage was void as incestuous  under  section  five  of  the
  domestic  relations  law,  bigamous  under  section  six  thereof,  or a
  prohibited remarriage under section eight thereof.
    (3) The spouse had procured outside of this state a  final  decree  or
  judgment  of divorce from the deceased spouse, of annulment or declaring
  the nullity of the marriage with the deceased spouse or dissolving  such
  marriage on the ground of absence, not recognized as valid under the law
  of this state.
    (4)  A  final  decree  or  judgment of separation, recognized as valid
  under the law of this state, was rendered against the spouse,  and  such
  decree or judgment was in effect when the deceased spouse died.
    (5)  The  spouse  abandoned  the deceased spouse, and such abandonment
  continued until the time of death.
    (6) A spouse who, having the duty to support the other spouse,  failed
  or  refused to provide for such spouse though he or she had the means or
  ability to do so, unless such marital duty  was  resumed  and  continued
  until the death of the spouse having the need of support.