§4.05 Methods of Awarding Pension Rights

If the nonemployee spouse elects to receive the pension when the employee could have retired, you can [Marriage of Gillmore (1981) 29 C3d 418, 429]:

• Order that the community interest be bought out by valuing it and awarding half in cash (the cash-out method), or
• Order the employee spouse to begin paying the other spouse a share of the retirement payments on a monthly basis (an in-kind division).