Is employer buy out the same or considered early retirement?

That is a very interesting question.  I had a similar case many years ago where the spouse went on permanent disability instead of taking his pension and he argued that his ex-wife was only entitled to a portion of his pension pay and not his disability pay.  I took that one to the Virginia Court of Appeals, which agreed with me that it was the same pot of money and that the term "pension" encompassed disability pay, as well.  It might be possible to make a similar argument in your case. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.