I hear what youre saying, however, I think that this is very close to the same argument someone close to us used to justify her unjust divorce. Her approach was to say that the marriage was dead and she only promised to death do us part. Obviously, that didnt go over very well with us as she definitely vowed til physical death of one of the spouses, not the I’m unhappy with the status of our marriage “death”. Her divorce was textbook for everything that she could do wrong to end the marriage and covenant breaking, she did. Her husband had done nothing Scripturally to justify the divorce, (adultery, fornication, food, clothing and marital duties) and she had done everything to justify him divorcing her. She was just trying to preemptively divorce for judicial advantage.
Part of the issue here is that unlike physical death, spiritual death is a curable issue.