My ex wife is requesting she receive the amount of money she would get from NV PERS now that I am eligible to retire, however my divorce decree says, "Until such time as [I] retire from [my employer] and start drawing his PERS, [I] shall pay [$xxxx.xx] to [ex wife] per month..." Does she have a legal basis to claim the PERS amount now that I am eligible to retire but have not yet retired? Especially since I am not maxed out in the NV PERS system yet?
1 Answer from Attorneys
What you are talking about is typically referred to as a "Gillmore order." It is the law of Nevada, per the Gemma and Fondi and Sertic cases. A full explanation is beyond the scope of email, but can be reviewed in the article titled “Retirement Plan Division: What Every Nevada Divorce Lawyer Needs to Know” (on our Published Works page, at willicklawgroup.com). I'd have to review your particular decree, but it seem from the language quoted that the court specifically anticipated the situation, and built in an award; at minimum, you should be able to offset one against the other. Again, however, it is hard to comment without a full consultation to go over the complete orders, and ask follow up questions. You need to have competent counsel from an attorney who understands these things.