QUESTION

How does one go about division of spouse TSP (401K)?

Asked on Jan 21st, 2014 on Divorce - Rhode Island
More details to this question:
I know I am entitled to 50% of my husband TSP account, but can I make my husband declare the government bi-weekly matching amount as part of his income to figure maintenance and child support.
Report Abuse

3 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
Update Your Profile
I don't think so. I believe since he can't touch it, it would not count as income. I suppose the real question is does it show up on his W-2? If not, then I doubt the court will consider it.
Answered on Jan 22nd, 2014 at 10:35 PM

Report Abuse
In South Carolina, there are a lot of factors that must be considered when making these calculations / determinations. However, I do not believe that the the bi-weekly matching amount can be considered as a part of his income to figure maintenance and child support. If the retirement account is a 401 K, then (dependent upon your Court Order) it is most likely the case that you cannot begin to receive distributions until he does. These matters can get very complicated very quickly. You should consult with a local attorney as soon as possible regarding this matter. I do hereby clearly advise against any reliance on the information as advice or application of it to a specific situation without a more thorough consultation with counsel.
Answered on Jan 22nd, 2014 at 10:33 PM

Report Abuse
Personal Injury Attorney serving San Antonio, TX at Law Offices of James P. Peterson
Update Your Profile
A Qualified Domestic Relations Order (QDRO)will divide the TSP. That should be done at the time of divorce. Support amounts will be determined based upon his gross wages( taxable and nontaxable). The matching amount is part of his gross wages.
Answered on Jan 22nd, 2014 at 10:33 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters