Can you receive retirement benefits from an ex-spouse that is still in the workforce?

Senior-DivorceA potential client inquires about her ability to receive retirement benefits from an ex-husband. Though her ex-spouse is eligible to receive pension benefits at age 50, he plans to work for an additional 10 years.  Can she collect her share of benefits when he becomes eligible, or will she have to wait until he officially retires?

We responded with information regarding a Gillmore election; a method during a divorce in which one spouse receives the present value of his or her half of the other spouse’s retirement benefits. In this particular case, the judgement of the divorce was entered some time ago, leading us to believe it’s now too late to change the matter of retirement benefits. Her best bet would be to take her concerns to a family law attorney to have her question researched further.

For  more information on retirement benefits during divorce, please visit our website: http://stanprowse.com/divorce-rights

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