17.11(3)If two persons claim to be the surviving spouse of a judge referred to in subsection (2), and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the judge at the time of the judge’s death, that spouse is entitled to the return of contributions under subsection (2), if otherwise eligible and subject to subsection 17.3(3), unless there is a valid written agreement between the judge and that spouse, or a court order or judgment, that bars that spouse’s claim.