S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    487
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BRAUNSTEIN, STIRPE, CARROLL, WILLIAMS, COOK,
   GALEF, MONTESANO -- read once and referred to the Committee on Judici-
   ary
 
 AN ACT to amend the estates, powers  and  trusts  law,  in  relation  to
   disqualification as a surviving spouse

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 5-1.2 of the estates, powers and  trusts  law,  the
 opening paragraph of paragraph (a) as amended by chapter 515 of the laws
 of  1993,  subparagraph  6 of paragraph (a) as amended by chapter 300 of
 the laws of 1981, is amended to read as follows:
 § 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) A FINAL DECREE OR JUDGMENT OF ANNULMENT OR DECLARING  THE  NULLITY
 OF  A  VOID  MARRIAGE  OR  DISSOLVING SUCH MARRIAGE, RECOGNIZED AS VALID
 UNDER THE LAW OF THIS STATE, IS ISSUED  BEFORE  OR  AFTER  THE  DECEASED
 SPOUSE  DIED.  FOR  THE  PURPOSES OF THIS SECTION, IN THE EVENT ANY SUCH
 DECREE OR JUDGMENT  IS  ISSUED  AFTER  THE  DECEASED  SPOUSE  DIED,  THE
 MARRIAGE  SHALL  BE  DEEMED  A NULLITY IMMEDIATELY PRIOR TO THE DEATH OF
 SUCH SPOUSE.
   (3) The marriage was void as incestuous  under  section  five  of  the
 domestic relations law, bigamous under section six thereof, or a prohib-
 ited remarriage under section eight thereof.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02750-01-1

 A. 487                              2
 
   [(3)] (4) The spouse had procured outside of this state a final decree
 or judgment of divorce from the deceased spouse, of annulment or declar-
 ing  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)]  (5)  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)]  (6) The spouse abandoned the deceased spouse, and such abandon-
 ment continued until the time of death.
   [(6)] (7) 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.
   § 2. This act shall take effect immediately.