TSP withdrawal without spousal consent

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Q. I want to withdraw some money from my Thrift Savings Plan. I need transportation, home repairs and needs for my child. I have a husband who is unreliable, not responsible and does not work, and our marriage is on the rocks. Is there any way I can withdraw money from my TSP without his consent?

A. The rules depend upon your employment status, retirement system and the amount and type of withdrawal you take.

If you are still an active federal employee, spouse’s rights affect your in-service withdrawal. If you are a married FERS participant or a member of the uniformed services, your spouse must sign a consent waiver for your in-service withdrawal. If you are a married CSRS participant, the TSP must notify your spouse before the in-service withdrawal can be made. These rights apply even if you are legally separated from your spouse.

If you are separated from federal service, you should read the rules as explained on pages 13-15 of the booklet: “Withdrawing Your TSP Account After Leaving Federal Service,” which is available as a PDF at https://www.tsp.gov/PDF/formspubs/tspbk02.pdf.

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Mike Miles is a Certified Financial Planner licensee and principal adviser for Variplan LLC, an independent fiduciary in Vienna, Virginia. Email your financial questions to fedexperts@federaltimes.com and view his blog at money.federaltimes.com.

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