No compensation is payable under §§ 62-4-12 to 62-4-22, inclusive, to the surviving spouse of a deceased employee unless that spouse was, at the time of the death, living with the deceased employee, or was then dependent upon the deceased employee for support, or was then living apart from the deceased employee for justifiable cause or because of desertion by the deceased employee.

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Source: SL 1917, ch 376, § 23; RC 1919, § 9458 (7); SL 1919, ch 363, § 1; SDC 1939, § 64.0402 (6); SDC 1939, § 64.0402 (7) as enacted by SL 1945, ch 352; SL 1968, ch 267; SL 1977, ch 421, § 1; SL 2008, ch 278, § 24.