Who gets paid first the spouse of the investor?

Your question is sort of confusing; I am not sure there is a clear cut  answer to your question. There are "no priority claims" typically in divorce court, like there might be in bankruptcy court. As an investor, you are well advised to protect your investment by secured liens, written promissory notes and securing collateral, no different than any other lending institution might do, if you have concerns that your money may be jeopardized by the parties' divorce.