To get a Form TSP-16 spousal consent exception, submit a request through My Account at tsp.gov or by calling the ThriftLine at 1-877-968-3778; the paper TSP-16 is obsolete.1Thrift Savings Plan. Marriage and Spouse’s Rights The TSP’s Executive Director can waive the spousal signature or notification requirement if you show one of three things: your spouse’s whereabouts are unknown, a court order gives you authority over the account, or your spouse is physically or mentally unable to consent.2eCFR. 5 CFR 1650.61 – Spousal Rights Applicable to Post-Employment Withdrawals
When You Need an Exception
If you’re a married FERS or uniformed services participant, your spouse must actively consent to any loan or withdrawal. If you’re a married CSRS participant, the TSP must notify your spouse before processing a withdrawal, and your spouse is notified of any loan.1Thrift Savings Plan. Marriage and Spouse’s Rights These rules apply even if you and your spouse are separated but not yet divorced.
For total post-employment distributions, spousal rights kick in when your vested account balance exceeds $3,500. For partial distributions and changes to installment payments, the rules apply regardless of your balance.3eCFR. 5 CFR 1650.61 – Spousal Rights Applicable to Post-Employment Withdrawals If your spouse won’t sign, can’t be found, or you have no address for the notification, an exception is the way to move forward.
The Three Grounds and What to Submit
You only need to qualify under one of the three grounds.
Spouse’s Whereabouts Are Unknown
This is the most common basis. You must show that you tried to find your spouse and came up empty. The regulations spell out what counts as effort: checking with relatives and mutual friends, and searching phone directories and directory assistance in the city where your spouse last lived.4eCFR. 5 CFR 1650.63 – Executive Director’s Exception to the Spousal Notification Requirement Saying you simply haven’t heard from your spouse is not enough. You have to describe what you did to look.
You can satisfy this ground with any one of the following:
- A court order stating that your spouse’s whereabouts cannot be determined.
- A signed determination from a police department or other government agency saying the same, signed by the appropriate department head.
- A detailed statement from you plus supporting statements from two other people. Your statement must include your spouse’s full name, when you last knew their location, why you’ve lost track, and what steps you took to find them in the 90 days before you submitted your request. The two supporting statements must back up your account of those search efforts, with dates.
Every statement must be signed, dated, and carry this certification: “I understand that a false statement or willful misrepresentation is punishable under Federal law (18 U.S.C. 1001) by a fine or imprisonment or both.”4eCFR. 5 CFR 1650.63 – Executive Director’s Exception to the Spousal Notification Requirement
Court Order Granting You Authority
A court order from a divorce or legal separation can eliminate the need for spousal consent if it does at least one of these things: expressly states that you have authority to withdraw or borrow from the account, expressly states that your spouse’s consent is not required, or lays out the division of your TSP balance in a way that clearly implies you can act without your spouse’s signature.2eCFR. 5 CFR 1650.61 – Spousal Rights Applicable to Post-Employment Withdrawals An order that divides “marital assets” without mentioning the TSP or retirement accounts will not work. The TSP looks for specific language.
Spouse Is Incapacitated
When a spouse is physically or mentally unable to provide consent, submit a signed statement explaining the situation along with a statement from a physician or other licensed medical professional confirming that your spouse cannot give consent.2eCFR. 5 CFR 1650.61 – Spousal Rights Applicable to Post-Employment Withdrawals The medical statement must address your spouse’s capacity specifically. A general health summary will likely fall short.
How to Submit
The TSP retired the paper Form TSP-16 and moved the process online.5Thrift Savings Plan. Attention: Obsolete Forms Log into My Account at tsp.gov to begin, or call the ThriftLine at 1-877-968-3778 if you want help by phone.1Thrift Savings Plan. Marriage and Spouse’s Rights
You still have to get your supporting documents to the TSP record keeper. The general mailing address is ThriftLine Service Center, C/O Broadridge Processing, PO Box 1600, Newark, NJ 07101-1600. The fax number is 1-276-926-8948. If your exception rests on a divorce-related court order, send it to the dedicated TSP Court Order Center at PO Box 120, Newark, NJ 07101-0120, or fax 1-773-915-6006.6Thrift Savings Plan. Contact
Before sending anything, check that names and dates on your documents match what the TSP has on file. A mismatch between your spouse’s name on a court order and the name in your TSP records is the kind of detail that stalls a request.
What Happens After You Submit
The TSP reviews each request individually. The record keeper may ask for more documentation, and the TSP may use the information you provide to conduct its own search for your spouse.4eCFR. 5 CFR 1650.63 – Executive Director’s Exception to the Spousal Notification Requirement No published timeline governs how long that review takes, so a complex case with heavy documentation can run several weeks.
If the exception is approved, you have 90 days from the approval date to complete your withdrawal or loan. The request will only be processed if the spouse named on it is the same spouse for whom the exception was granted; if you remarry or your circumstances change, the exception does not carry over.7eCFR. 5 CFR Part 1650 Subpart G – Spousal Rights Miss the 90-day window and you start over.
If the request is denied, the TSP will explain what was missing. You can resubmit with stronger documentation. The regulations do not describe a formal appeal for a denied spousal consent exception, so the practical path is fixing the gaps and trying again.
Costs to Expect
The TSP charges no fee to submit the exception request. Your costs come from gathering documentation. If your own search efforts fall short on an unknown-whereabouts claim, a private investigator or professional locator can run from a few hundred dollars for a basic search to $50–$150 per hour for more involved work. Certified copies of court orders usually cost a modest fee at the county clerk’s office, and notarization, where needed, varies by state.
Penalties for False Statements
Every statement submitted with a spousal consent exception must carry a certification acknowledging that false statements are punishable under 18 U.S.C. § 1001.4eCFR. 5 CFR 1650.63 – Executive Director’s Exception to the Spousal Notification Requirement That statute makes it a federal crime to knowingly submit a materially false statement to any branch of the federal government, and a conviction carries up to five years in prison, a fine, or both.8Office of the Law Revision Counsel. 18 USC 1001 – Statements or Entries Generally The TSP also reserves the right to verify your claims independently, so a fabricated search for a spouse whose address you actually know is a poor bet.