669 So.2d 1181 (1996) John R. CONTOIS, Jr. as Representative of the Estate of John R. Contois, Sr.
v.
Marilyn Morris CONTOIS. No. 95-C-0794. Supreme Court of Louisiana.
March 8, 1996. Michael Francis Kelly, Marksville, for Applicant.
Russell Joseph Stutes, Jr., Baton Rouge, Scofield, Gerard, Veron, Singletary & Poherelsky, Lake Charles, for Respondent.
*1182 JOHNSON, Justice.[*]
John R. Contois, Sr., and Marilyn Morris Contois were married for several years during which time the couple had three children, Charles Remi Contois, Christopher John Contois, and Lynn Contois.[1] While married to Marilyn Contois, on January 1, 1985, John R. Contois, Sr. became a City Court Judge in Marksville, Louisiana and on that date he became a member of the Louisiana State Employees Retirement System (LASERS). As part of his enrollment with LASERS, Judge Contois executed a registration form designating Marilyn Morris Contois as his beneficiary in the event of his death before retirement.
The registration form appears in pertinent part as follows:
On April 18, 1986, Judge Contois and Marilyn Contois obtained a judgment of legal separation. Thereafter, on August 5, 1987, they executed a voluntary partition of the community of acquets and gains. The partition agreement provides in pertinent part as follows:
The parties hereto do hereby further effect a division of the existence of their community of acquets and gains as follows: 1. MARILYN MORRIS CONTOIS hereby receives, and JOHN ROBERT CONTOIS hereby grants, bargains, relinquishes, sells, conveys, releases with complete transfer and subrogation of all rights and actions of any interest, rights and ownership that she may have in and to the State of Louisiana retirement plan in the name of MARILYN MORRIS CONTOIS. 2. JOHN ROBERT CONTOIS hereby received, and MARILYN MORRIS CONTOIS hereby grants, bargains, relinquishes, sells conveys, releases with complete transfer and subrogation or all rights and actions of any interest, rights and owership (sic) that he may have in a retreiment (sic) plan in the name of JOHN ROBERT CONTOIS, as City Judge of the City of Marksville, Avoyelles Parish, Louisiana. On June 22, 1991, Judge Contois died without having executed a LASERS change of beneficiary form. At the time of his death, Judge Contois was married to Vickie Sayer Contois and was not in state service. Subsequently, LASERS paid Judge Contois' contributions totalling $19,893.60 to Marilyn Contois as the named beneficiary. Based on the language in the community property partition agreement, the representative of the estate of Judge Contois, John Robert Contois, Jr., filed the present action against Marilyn Contois to recover the funds paid by LASERS.
The trial judge rendered judgment in favor of Marilyn Contois finding that the benefits paid before eligibility for retirement under the LASERS plan were similar to death benefits in a life insurance policy. The trial judge concluded that the "community property settlement made John Contois the owner of the retirement plan. As owner of the *1183 plan, he had the right to designate whomever he wished to receive the funds he had contributed in the event of