Legal Question in Family Law in California

You should have had a QDRO issued to the pension plan as part of the original divorce process. That would govern distributions. Under the Gilmore case you are entitled to payment of the retirement benefits as if he retires now. Whether or not you are entitled to that payment from the plan or from him, however, is much more complex. Some plans contend that they are not subject to a QDRO for distributions prior to the employee's retirement because they don't provide for it in the terms of the plan, others specifically provide for it, and still others are silent in the plan, but comply with the QDRO. In any case, however, you are entitled to begin receiving your share of the retirement benefit payments either from him or the plan. You should consult an attorney who can go over your existing divorce papers and advise you whether you need to enforce existing terms, or go back to court for either a QDRO or an order to your ex for payments.