Legal Question in Family Law in California

No. You can't get a "Gillmore" order until SHE reaches retirement age. The Gillmore case and the provisions of the federal ERISA law it is based on, allows a spouse to begin collecting their community property share of the other spouse's pension when the other spouse elects to keep working even though they could have retired and begun collecting the retirement benefits. It entitles you to collect benefits when she is eligible to retire, whether she does or not. It doesn't allow you to start collecting your share of the benefits early.

Also, it is irrelevant what age she works to. The court doesn't care what age she works to. If she retires at 55, but her pension doesn't kick in until she turns 60, you still have to wait until she turns 60. If she's eligible at 60 but decides to work to age 65, you can get a Gillmore order when she turns 60. The triggering date is when she qualifies to collect pension benefits. That is the only relevant date for you. She can retire early; she can retire late; she can die at her desk. What determines when you can collect is the date she becomes ELIGIBLE to retire under the pension plan. That is when you too become eligible.