General Practice, Solo & Small Firm DivisionMagazine

Volume 17, Number 5
July/August 2000

Sample Order Dividing Employee's Thrift Savings Plan Account (Employee Not Retired)


THIS MATTER coming before the Court upon the stipulation of the parties, Petitioner, John Doe, represented by [attorney], Respondent, Jane Doe, represented by [attorney], and the Court, having reviewed the pleadings and being otherwise advised FINDS, ORDERS & DECREES:

  • The Court has jurisdiction over the parties and subject matter.
  • Petitioner, John Doe, is the "Participant" under the Thrift Savings Plan, and his Social Security Number is xxx-xx-xxxx.
  • Payee, Jane Doe, is the "Former Spouse" and her Social Security Number is yyy-yy-yyyy.
  • The parties were married on 3/14/85. The parties entered into a Marital Settlement Agreement, filed on 11/23/98, and divorced by Final Decree of Dissolution of Marriage (Final Decree), also filed on 11/23/98. The Final Decree incorporated the terms of the Marital Settlement Agreement.
  • John Doe accrued a Thrift Savings Plan (TSP) account through his employment with the United States [government branch].
  • The month-end balance of the TSP under the name of the Participant, John Doe, immediately prior to the date that the Final Decree was entered by the Court was $_______.
  • A loan exists through the TSP with an approximate balance of $____ at the time of the Final Decree, leaving a remaining TSP balance of $_______.
  • The Final Decree requires that each party shall receive one-half (1/2) of the remaining TSP balance valued as of the date of the Final Decree, 11/23/98.
  • The Payee desires that her portion of Participant's TSP be transferred to her existing Individual Retirement Account (IRA) as follows: ABC Investment Co., address; account no. ___________.
  • The Federal Retirement Thrift Investment Board is authorized to divide the TSP in accordance with 5 U.S.C. 8435(d)(1) and (2) and 8467, and any regulations it has issued (5 C.F.R. §§ 1650.29 through 1650.32).
  • Payee, Jane Doe, is awarded $______, plus any interest or earnings on this amount calculated from 11/23/98, through the date of disbursement to her IRA Account No. ______ at [address], of her share of the TSP account of the Participant, John Doe.
  • Payee's mailing address is _______________

District Court Judge

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