S 4999: Provides for the disqualification of a surviving spouse if the marriage is annulled or voided after the death of the spouse.

  
  STATE OF NEW YORK ________________________________________________________________________ 4999 2025-2026 Regular Sessions  IN SENATE February 14, 2025 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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: 1 Section 1. Section 5-1.2 of the estates, powers and trusts law, the 2 opening paragraph of paragraph (a) as amended by chapter 515 of the laws 3 of 1993, subparagraph 6 of paragraph (a) as amended by chapter 300 of 4 the laws of 1981, is amended to read as follows: 5 § 5-1.2 Disqualification as surviving spouse 6 (a) A husband or wife is a surviving spouse within the meaning, and 7 for the purposes of 4-1.1, 5-1.1, 5-1.1-A, 5-1.3, 5-3.1 and 5-4.4, 8 unless it is established satisfactorily to the court having jurisdiction 9 of the action or proceeding that: 10 (1) A final decree or judgment of divorce, [of annulment or declaring 11 the nullity of a marriage or dissolving such marriage on the ground of 12 absence,] recognized as valid under the law of this state, was in effect 13 when the deceased spouse died. 14 (2) A final decree or judgment of annulment or declaring the nullity 15 of a void marriage or dissolving such marriage, recognized as valid 16 under the law of this state, is issued before or after the deceased 17 spouse died. For the purposes of this section, in the event any such 18 decree or judgment is issued after the deceased spouse died, the 19 marriage shall be deemed a nullity immediately prior to the death of 20 such spouse. 21 (3) The marriage was void as incestuous under section five of the 22 domestic relations law, bigamous under section six thereof, or a prohib- 23 ited remarriage under section eight thereof. 24 [(3)] (4) The spouse had procured outside of this state a final decree 25 or judgment of divorce from the deceased spouse, of annulment or declar- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04043-01-5 
 S. 4999 2 1 ing the nullity of the marriage with the deceased spouse or dissolving 2 such marriage on the ground of absence, not recognized as valid under 3 the law of this state. 4 [(4)] (5) A final decree or judgment of separation, recognized as 5 valid under the law of this state, was rendered against the spouse, and 6 such decree or judgment was in effect when the deceased spouse died. 7 [(5)] (6) The spouse abandoned the deceased spouse, and such abandon- 8 ment continued until the time of death. 9 [(6)] (7) A spouse who, having the duty to support the other spouse, 10 failed or refused to provide for such spouse though [he or she] they had 11 the means or ability to do so, unless such marital duty was resumed and 12 continued until the death of the spouse having the need of support. 13 § 2. This act shall take effect immediately.