Spouse: legal marriage only; cohabitation insufficient (unless domestic partners in NYC); putative spouses sufficient (i.e., spouse by estoppel). Will be disqualified if abandoned decedent prior to decedent's death and at time of the death. Will also be disqualified for failure to support. Divorce ends marital relationship, but only when it is final (separation is not divorce, even if there is a separation agreement).
Surviving: 120 hours. NY places burden of production on party whose claim depends on survivorship, and sets burden of proof at clear and convincing evidence to deter litigation. No survival = property passes as though each individual predeceased the other.