Legal Question in Family Law in Maryland
I am legally divorced. In our settlement agreement we are to divide my ex's TSP account (thrift savings account), this account was established and maintained during our marriage. Our divorce has been final for almost 10 months. I have signed all the necessary paperwork twice, first time 10/09 through my attorney. His attorney said she never received it. Second time 2/10 through my attorney and it was received this time by his attorney and sent to my ex's employer's HR office. I was told once this was received and processed it would take 60 days. Well it's now the end of June. What course of action should I take to make sure this is being executed?
1 Answer from Attorneys
You write that you "signed all the necessary paperwork." However, to transfer an interest in the Thrift Savings Plan, you need a Qualifying Court Order. A certified copy of this Order and the Judgment of Absolute Divorce needs to be submitted to the Federal Retirement Thrift Investment Board, Legal Processing Unit, CODIS--P.O. Box 4390, Fairfax, VA 22038-9998.
Was this done? The Qualifying Court Order is the most important thing. The TSP will not be transferred without this order, and your ex's human resources department is not the proper authority to handle the transfer.