In Re Marriage of Gillmore

Opinion

BIRD, C. J.,

Did the trial court abuse its discretion in a dissolution action when it refused to order the immediate payment of a nonemployee spouse’s interest in a retirement benefit, where the employee spouse was eligible to retire and receive the benefit but had chosen not to do so?

I

Vera and Earl Gillmore separated in 1978 after a marriage of 14 years. The trial court issued an interlocutory decree dissolving their marriage on November 27, 1978, and entered a final judgment of dissolution on January 19, 1979. The decree awarded Vera physical custody of their minor child as well as…