How Is TSP Divided in a Military Divorce? –
“Can My Ex Really Get Half of My TSP?”
If you’re facing a military divorce, your Thrift Savings Plan (TSP)—the military’s version of a 401(k)—is likely one of your biggest financial concerns. Here’s exactly how TSP division works in California divorces.
1. Is TSP Considered Marital Property?
Yes, but only the portion earned during marriage
Example: If you contributed for 15 years (10 during marriage), about 2/3 of your TSP could be divisible
2. How Courts Typically Divide TSP
California’s community property rules mean:
– The marital portion is usually split 50/50
– The non-military spouse gets their share via:
3. The TSP Division Process
1. Court Order determines percentage/share
2. QDRO Required (Qualified Domestic Relations Order)
3. TSP processes payment to ex-spouse’s IRA or TSP account
Critical Note: Unlike pensions, TSP can be divided dollar-for-dollar without complex calculations
4. Special Military Considerations
– Combat Zone Contributions may have different tax treatment
– Loan Balances complicate division (must be accounted for)
– Blended Funds (pre/post-marriage) require careful tracing
5. How to Protect Your TSP
Negotiate keeping other assets instead (house, investments)
Argue for a smaller percentage if spouse has retirement accounts
Ensure proper QDRO drafting to avoid tax penalties
Need Help With Your TSP Division?
We’ve handled hundreds of military TSP divisions and know all the pitfalls to avoid.
