Thank you all for your input. I understand that the property contributed is not considered community property under state law without a qualified domestic relations order. I thought of trying to allege a posthumous divorce but without her being alive since no divorce proceeding was underway, that will be next to impossible. The murderer in this case is the plan participant, which complicates it further. While he had seen a divorce attorney, no divorce had been filed. He murdered his wife and infant son after taking out numerous life insurance policies on her life through his employer. And he was a participant in a 401(k). I'm trying to find out now whether her retirement plan from a previous employer is an ERISA plan.
