“Nonrecipient surviving spouse” means any of the following: 1.
(1)#
A person who was married to a recipient when the recipient was receiving or received public assistance and who survived the recipient.
(2)#
A person who was married to a recipient on whose behalf aid under s. 49.785 was provided, who was married to the recipient at the recipient’s death or when the recipient was receiving or received any of the benefits described in s. 49.785 (1c) that made the recipient an eligible recipient under s. 49.785, or at both times, and who survived the recipient.