Exactly. If McClain has the credentials, then it means either
1) she somehow got them illicitly (e.g. stealing them from Worden)
or
2) she previously had legitimate and authorized access to the account (e.g. while she and her spouse were not yet estranged / filing for divorce)
If #2, then I reckon this becomes a much harder case to prosecute, given that McClain was implicitly authorized to access the account (else, Worden would have changed the password or otherwise revoked that access). Unless, of course, there's documentation of Worden having told McClain not to access it (and yet still didn't change the password...).
1) she somehow got them illicitly (e.g. stealing them from Worden)
or
2) she previously had legitimate and authorized access to the account (e.g. while she and her spouse were not yet estranged / filing for divorce)
If #2, then I reckon this becomes a much harder case to prosecute, given that McClain was implicitly authorized to access the account (else, Worden would have changed the password or otherwise revoked that access). Unless, of course, there's documentation of Worden having told McClain not to access it (and yet still didn't change the password...).
Disclaimer: IANAL