TSP Features for Uniformed Services

Spouses' Rights

The law gives certain rights to your spouse (including your separated spouse).  The TSP must take these rights into consideration when you withdraw or borrow from your account.  The TSP will take action to prosecute any participant who denies (or attempts to deny) his or her spouse these rights by, for example, forging the spouse's signature or falsifying the spouse's address.

Borrowing from your TSP account — You must obtain your spouse's consent before you can receive a TSP loan.  (Your spouse's consent does not make him or her a co-signer of your loan or obligate him or her to repay your loan.)

Making an in-service withdrawal — You must obtain your spouse's notarized consent to an in-service withdrawal before the withdrawal can be approved.

Making a withdrawal after you separate — If you are making a partial withdrawal, you must obtain your spouse's notarized consent to the withdrawal before the withdrawal can be approved.

If you are making a full withdrawal, spouses' rights provisions apply only if your account is more than $3,500.  Your spouse is entitled to a joint and survivor annuity with a 50 percent survivor benefit, level payments, and no cash refund feature.  If you choose any full withdrawal method other than the prescribed annuity, or if you choose a mixed withdrawal, your spouse must waive his or her right to the prescribed annuity.

Are there any exceptions to the spouses' rights requirements? 

Under certain limited circumstances, an exception may be granted to the spouses' rights requirements.  To apply for an exception, complete Form TSP-U-16, Exception to Spousal Requirements, and submit it with the required documentation to the TSP Service Office at the address on the form.  You can get Form TSP-U-16 from this Web site or from your service TSP representative.

The following chart summarizes the TSP spousal requirements and exceptions.

Your TSP account is subject to certain matrimonial court orders and enforcement of your legal obligations to make alimony and child support payments, and to satisfy judgments against you for child abuse.  Matrimonial court orders are court decrees of divorce, annulment, or legal separation, or the terms of court-approved property settlements incident to any court decree of divorce, annulment, or legal separation.  In order to be considered qualifying and thus enforceable against the TSP, the order must meet the requirements stated in Board regulations (5 C.F.R. Part 1653).  

If the TSP receives a document which purports to be a qualifying order or legal process for the enforcement of back payment of alimony, child support, or a judgment against you for child abuse, your account will be frozen for loans and withdrawals.  In order to authorize payment from your account, a qualifying court order must clearly identify your TSP account and must describe the award to be made to your spouse, former spouse, or other party in such a way that the amount of the award can be definitively calculated.

To find out more about court orders, download the TSP booklet Information About Court Orders and the tax notice "Tax Treatment of Thrift Savings Plan Payments Made Under Qualifying Orders" from this Web site, or ask your service TSP representative for copies of them.

Note:  If you have two TSP accounts (i.e., as a member of the uniformed services and as a Federal civilian employee), the court order must clearly identify the account to which the order/award applies.

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