Idaho State Statutes - Idaho Attorney Directory

(a) 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, he is married to the decedent at the time of death. A decree of
separation which does not terminate the status of husband and wife is not a
divorce for purposes of this section.
(b) For purposes of parts 1, 2, 3 and 4 of this chapter and of section
15-3-203 of this code, a surviving spouse does not include:
(1) a person who obtains or consents to a final decree or judgment of
divorce from the decedent or an annulment of their marriage, which decree
or judgment is not recognized as valid in this state, unless they
subsequently participate in a marriage ceremony purporting to marry each
to the other, or subsequently live together as man and wife;
(2) a person who, following a decree or judgment of divorce or annulment
obtained by the decedent, participates in a marriage ceremony with a third
person; or
(3) a person who was a party to a valid proceeding concluded by an order
purporting to terminate all marital property rights.

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