A Gillmore election is a powerful but often misunderstood right in California divorce cases involving pensions.

When a pension is “matured” (meaning the employee spouse is eligible to retire and receive benefits), the nonemployee spouse does not have to wait for retirement to receive their share. Instead, they can demand immediate payment. This is known as a Gillmore election.

How It Works

If the employee spouse chooses to keep working instead of retiring, the nonemployee spouse can request their share of the pension as if the employee had retired.

This can be done in two main ways:

• Monthly payments based on what the pension would pay at retirement
• A buyout of the nonemployee spouse’s share (cash-out method)

Advantages of a Gillmore Election

• Provides immediate income
• Prevents the employee spouse from controlling when benefits are paid
• Allows financial independence after divorce

Potential Downsides

A Gillmore election is not always the best choice. By electing early payment, the nonemployee spouse typically gives up the benefit of future increases tied to:

• Additional years of service
• Salary increases
• Delayed retirement benefits

However, they may still benefit from cost-of-living adjustments that would have applied if retirement had occurred.

Timing Is Critical

A Gillmore election must be carefully timed and properly requested. Payments generally begin from the date the request is formally made—not retroactively.

Additionally, not all retirement plans will pay the nonemployee spouse directly. In some cases, the employee spouse must make payments out of pocket, which can create enforcement challenges.

Why You Should Speak With a Family Law Attorney
A Gillmore election can be a valuable tool—but it is not right for every situation. A family law attorney can help you evaluate whether it makes sense based on your financial goals and ensure the proper legal steps are taken.