Legal Question in Family Law in California

Re: divorce and retirement

The rights that you are referring to come from the case Marriage of Gilmore. Your ex-spouse cannot force the you to retire, however, the your ex-spouse can obtain an order for you to pay to that your ex-spouse the amount that the ex-spouse would be entitled to receive if you retired when you are eligible to retire. This would reduce the amount that your ex-spouse would receive at the time of your actual retirement. If your ex-spouse makes a Gilmore election, you should consult an attorney who can review your plan and your current employment, as well as any support issues and give you appropriate advice. Good Luck, Pat McCrary