Has anyone gone through divorce and have her go after your Thrift Savings Plan?

2016-10-27T18:36:55-04:00

Have been married just over 3 years, seperated almost a year. Had the majority of the balance in there prior to marriage. Only about a 2000 dollar difference. I'm asking if she is entitled to any of it, why/why not?

Response by MSgt Steven Holt, NRP, CCEMT-P made Oct 27 at 2016 8:03 PM

2016-10-27T20:03:45-04:00

Your local laws may be different but typically a spouse is not entitled to any retirement benefits (of which TSP is part of) unless the marriage lasted more 10 years. Your attorney will be able to better advise you on topics like that.

If you don't have an attorney, GET ONE!! Trust me, from experience, you do NOT want to walk into a court room without legal representation.

Response by SFC George Smith made Oct 27 at 2016 8:06 PM

2016-10-27T20:06:17-04:00

unless something has Changed, your soon to be EX can not receive anything unless you have been married 5years+ and at 10 she is eligible to obtain 35-50 % of your retirement nothing prior... and has to share anything with a previous Spouse... of 10 years or more...
and here again... unless it has changed they cannot take more than 50% of your retirement...
Basis... All 3 of mine tried... they got no where ... the Longest i was married was 5 yrs 3 months... and 2 years a 4 months we were separated...
Now if they take it to a civil court and plead poverty and a bunch of other crap then leave you with 35% of your Retirement... but thats when the "Soldiers and Sailors Act". comes in to play and they can stand to loose every thing...

Response by SFC Private RallyPoint Member made Oct 28 at 2016 9:06 AM

2016-10-28T09:06:40-04:00

that thing cant be touched until you reach retirement age or you pay a fine so idk how she can go after it?

Response by PO1 Private RallyPoint Member made Oct 28 at 2016 9:50 AM

2016-10-28T09:50:21-04:00

Did ya'll sign a Pre-Nup? Were you already in the service when you met her?
Get an attorney and let them know what is going on, and make sure that you get what you want out of this so that either you or her will come back wanting something.

Make sure to get your monies squared away as well otherwise you spouse can suck you dry.

Response by SSG Private RallyPoint Member made Nov 3 at 2016 10:20 AM

2016-11-03T10:20:40-04:00

Depends on the State. Texas didn't mention TSP specifically but did mention a percentage of my retirement, if I retire. I also recently divorced and I filed for divorce and called the shots though.

Response by SFC Darrell Adams made Nov 3 at 2016 12:49 PM

2016-11-03T12:49:50-04:00

Like anything, do your homework and hire an attorney that has DONE Military divorces. You can search for your attorney's in your area. I did that and it really paid off in the long run regarding my retirement pay.

Do NOT go this alone, you'll be sorry.

Response by MSgt R Roberts made Nov 3 at 2016 1:50 PM

2016-11-03T13:50:34-04:00

Had a CMSgt get served and she was going after his TSP, his lawyer was anout useless and was giving into the demands. Chief promptly dropped that attorney and got a new one. Get legal advice from a reputable law firm

Response by MAJ Ken Landgren made Jul 2 at 2019 10:01 PM

2019-07-02T22:01:42-04:00

I am going on a tangent. Protect yourself from joint debt. I was paying my ex $2000/month but she still filed bankruptcy and I got stuck with like $140,000 in debt.