How do you split TSP in divorce?

Asked by: Eldred Maggio  |  Last update: December 9, 2023
Score: 4.5/5 (41 votes)

A TSP can be divided by means of:
  1. A Retirement Benefits Court Order (RBCO), which can be a decree of divorce, legal separation or annulment, OR.
  2. A property settlement agreement that is approved by the court and incident to such a decree.

How is a TSP account divided in divorce?

A former spouse is generally entitled to as much as 50% of the marital share of a TSP during a divorce. The marital share is the length of time that the federal employee contributed to the pension after the date of their marriage up until the date of their divorce.

What to do with TSP when separating?

You can keep your TSP account after you separate from federal service as long as you have a vested balance of $200 or more. Many participants choose to keep their money in the TSP because of the TSP's low-cost funds.

What rights does a spouse have with TSP?

Because you are earning compensation from your job during your marriage, and deferring the receipt of a portion of it into the TSP, your spouse has an ownership right in your contributions, earnings, and any money contributed by your agency. It's considered 'marital property' since it was earned during your marriage.

Who notifies TSP of separation?

Your agency or service must also notify the TSP that you have separated and provide the date of your sepa- ration. The agency or service ordinarily provides this information to the TSP at the time it pays the last pay- check to a separated employee or service member.

Division of Assets Illustrated, How Assets are Divided in Divorce

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How long does it take to get TSP after separation?

It generally takes between 7 to 10 business days to process your request once you've properly completed and submitted it. We disburse withdrawals each business day. You can check My Account at tsp.gov or call the ThriftLine to find out the status of your withdrawal request, including whether the payment has been made.

How long does it take TSP to update after separation?

It will typically take up to 30 days after the date of separation for your employing agency to notify the Plan administrators. You are allowed to initiate withdrawals from your TSP account only after this. At this point, you have to decide on the type of withdrawal you want to initiate.

Can I withdraw from my TSP without my spouse consent?

Your spouse has certain rights regarding your TSP account. For withdrawals. If you're a married FERS or uniformed services participant, your spouse must consent to your withdrawal. If you're a married CSRS participant, we must notify your spouse of the withdrawal.

Can you withdraw TSP before separation?

A separated employee can withdraw their money from the TSP at any time, while a current employee can only withdraw money from the TSP via a hardship withdrawal or an age-based withdrawal. The TSP is clear as to what constitutes a hardship, and you must be 59 ½ or older to take an age-based withdrawal.

Do I have to leave my TSP to my spouse?

By law, the TSP must pay your properly designated beneficiary(ies) under all circumstances . For example, if you designate your spouse as a beneficiary, that spouse will still be entitled to death benefits if you separate or divorce from that spouse or remarry and do not change your beneficiary designation .

Can I leave my TSP to my child?

You should designate a person or persons, your estate, or a trust to receive your TSP account after your death. To designate a beneficiary or beneficiaries, log in to My Account. For us to honor it, your beneficiary designation must be on file with us at the time of your death.

Can I make a lump sum withdrawal from TSP?

TSP Lump-Sum Withdrawals

The lump sum withdrawal option is the most straightforward. You can withdraw up to your entire TSP account balance in a single payment.

Should I leave my TSP alone?

The easiest thing to do is leave your assets in your TSP account. However, you need to keep in mind that you will not be able to make additional deposits to your account once you are no longer part of the uniformed services or civil service. Advantages: The TSP is a great place to invest for retirement.

What is Rule 55 TSP?

The rule of 55 is a great feature of your Thrift Savings Plan that helps early retirees. This IRS rule means that those who leave service in the year they turn age 55 or later can take TSP withdrawals without penalty.

Is spousal consent required to transfer TSP to IRA?

Transferring your TSP to an IRA

Your legally married spouse has to sign a spousal consent form, which must be notarized and sent to the TSP office. Your investment positions are liquidated so that the account can transfer to your new custodian.

What is the difference between account distribution and allocation in TSP?

The Contribution Allocation is the percentage that you set in the Change of Fund Allocation and will always be fixed at what you set. The Account Distribution is a snapshot of where your current balance is distributed. This will change as the market price of the TSP funds that you're in change.

How much will I be taxed if I withdraw my TSP?

we are required to withhold 20% of your payment for federal income taxes. This means that in order to roll over your entire payment, you must use other funds to make up for the 20% withheld.

Can you transfer TSP to spouse?

A separate court order will be required to permit the TSP to send your former spouse the amount awarded in the decree. The money can be sent in a taxed (a distribution) or non-taxed way (transfer to a retirement account), and the payment can be made whether or not you're retired.

What happens to my TSP when I leave my job?

Unlike a Flexible Spending Account, you can keep your Health Savings Account (HSA) when you leave your job. Even if you opened your HSA in association with a high deductible health plan (HDHP) you got from your job, the HSA itself is yours to keep.

How many times a month can I change my TSP allocation?

Each calendar month, your first two reallocations or fund transfers may be used to redistribute money in your account among any of the TSP funds. After the first two of either type of transaction, for the remainder of the month, you can only move money into the G Fund.

Can I transfer my TSP to another company?

With a direct rollover, you instruct the TSP to send your TSP assets directly to your new employer's plan or to an IRA—and you never have to handle the money yourself. With an indirect rollover, you start by requesting a lump-sum distribution from TSP and then take responsibility for completing the transfer.

Do TSP checks come from the Department of Treasury?

The U.S. Department of the Treasury serves, in essence, as the TSP's bank. Many payments from the TSP are issued by Treasury check. When a TSP check is returned to the Treasury Department as undeliverable, it issues a credit to the TSP.

What is the average TSP balance?

Average TSP balances

The average TSP balance has grown steadily in the last decade, reaching the six-figure mark in 2013. As of 2021, the average TSP balance for FERS participants was $181,279, while the average TSP balance for CSRS participants was $194,424.

Can I move my TSP to a 401k?

Yes. Participants may roll over eligible rollover distributions from their TSP accounts to a qualified trust or an eligible retirement plan (as defined in IRC § 402(c)(8)). (See 5 USC § 8433(c)(2).) An eligible retirement plan can be either an IRA or an eligible employer plan.

Should I withdraw my TSP to pay off my house?

Usually, the answer is no. The biggest reason not to use your TSP is typically taxes. If you've contributed to the traditional side of the TSP with pre-tax dollars, you'll need to pay tax on the withdrawal of those funds.