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There is no time limit. The length of time of the marriage has no effect on the statutory rights of a legal spouse. The surviving spouse has legal rights . . . period.

You can check those legal rights under your state laws of intestacy at the related question link provided below.

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Q: How does the length of time a couple is married affect spousal rights in a will. How long do they have to be married for the new spouse to have rights to the estate if they were not included?
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