Divorce help

**labaravan** · 02-05-2009, 12:37 AM

I have a friend who is under FERS and his wife is trying to take him to the cleaners in a divorce. Does anyone have information on what she is actually allowed under FERS? He is in Law enforcement so she is going after his TSP, Pension, and Social Security supplement. Shes trying to get the court to order a cash payout for the TSP but he wants to roll it over. Anyone know any guidelines on what is allowed?

**Show-me** · 02-05-2009, 01:48 AM

Can't do anything with TSP without wifes signature. She will be entitled to what ever the court determines.

I have seen a few folks go through divorces here and TSP is a joint account. You have to have spouse consent to get a loan against it.

Sorry.

Disclaimer: Any legal advise you just think you got holds no weight, I'm a mechanic.

**Frixxxx** · 02-05-2009, 01:54 AM

Originally Posted by labaravan

I have a friend who is under FERS and his wife is trying to take him to the cleaners in a divorce. Does anyone have information on what she is actually allowed under FERS? He is in Law enforcement so she is going after his TSP, Pension, and Social Security supplement. Shes trying to get the court to order a cash payout for the TSP but he wants to roll it over. Anyone know any guidelines on what is allowed?

Usually dependent on the state. However, most "federal" holdings/retirement are usually 50-50 unless waived by the spouse.

But if she was REALLY going to go after him, I recommend that your friend reads:
http://tsp.gov/forms/tspbk11w.pdf

Which shows how claims need to be processed. TSP follows those guidelines and it would be pretty much up to the courts.

I hate divorce, because I've done it. My ex-wife gave me everything...I got the Visa bill, Mastercard bill, Discover bill, mortgage.... But I did give her the new car...oh wait, I paid that bill too......

**KevinD** · 02-05-2009, 02:45 AM

My Ex got the car and she wanted me to make the payments. Then she went out and totaled it so that was the end of that.

We didn't have anything so she got it all.

**Spaf** · 02-05-2009, 03:03 AM

Originally Posted by labaravan

I have a friend who is under FERS and his wife is trying to take him to the cleaners in a divorce. Does anyone have information on what she is actually allowed under FERS? He is in Law enforcement so she is going after his TSP, Pension, and Social Security supplement. Shes trying to get the court to order a cash payout for the TSP but he wants to roll it over. Anyone know any guidelines on what is allowed?

We can appreciate your wanting to help a friend. However, we are NOT legal advisors. Please Do NOT take any action based upon what you read at this site without seeking independent confirmation as well as competent professional advice.

Also---->Please see www.TSP.gov publications

Rgds

**alevin** · 02-05-2009, 05:20 AM

there are a lot of fascinating (for those on the sidelines at least) articles about divorce fine points with FERS/TSP assets, court twists and turns to watch out for, etc. that you can find over at Fedsmith as well. Haven't been over there lately, but some of the stories made me shudder and be oh so grateful I haven't bought that particular t-shirt myself.

**CountryBoy** · 02-05-2009, 11:41 AM

alevin,

You might do a search at

http://community.federalsoup.com/4/OpenTopic

One search post is listed below, but this question comes up quite abit in this forum.

http://community.federalsoup.com/4/O...081#3001046081

CB

**Frixxxx** · 02-05-2009, 02:38 PM

Originally Posted by Spaf

We can appreciate your wanting to help a friend. However, we are NOT legal advisors. Please Do NOT take any action based upon what you read at this site without seeking independent confirmation as well as competent professional advice.

Also---->Please see www.TSP.gov publications

Rgds

Do we need to start putting disclaimers on every post now?