TSP Guarantees Rights to Spouses

Whether married or separated, you should know that the law gives your spouse certain rights regarding your funds’ withdrawal from your TSP. TSP will always put these rights into considerations whenever you want to make withdrawals.

If you are married and you are a FERS participant who wants to make full withdrawal rather than the joint life annuity, your spouse must agree and is entitled to a joint life annuity by the law, with 50 percent level payments, survivor benefit, and no refundable cash. If your spouse does not surrender his/her rights to the annuity, then you cannot make withdrawals through any other method.

If you fail to get your partner’s waiver on the by the required timeframe or date when you should make the withdrawal, the TPS will have to purchase a survivor and joint annuity for the two of you (you and your spouse) with your TSP account.

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If you’re a CSRS participant and you are married, TSP has to notify your partner before letting you make withdrawals, informing them on the annuity option you have chosen for withdrawal.

However, there are some cases where exceptions are granted to your spouse’s rights requirements. An example is when their whereabouts are unknown. You need to apply for such exemptions by filling in Form TSP-16 titled as Exception to Spousal Requirements and submit it handy with the required documents to the TSP Service Office as directed on the form.

The requirements for the exceptions are stringent, and you must have proof that the circumstance indeed exists. If it is in a case of separation, prenuptial, restraining or protective agreement, or divorce, you there has to be a further explanation on why you want to apply for exceptional circumstances.