federal thrift plan

[Scuba 401]

i know the order is not called a QDRO. my question is when calculating what is marital property in divorce involving a participant in a federal TSP does state law apply (eg. in florida contributions prior the marriage plus earnings are is not marital property) or is there a federal law that supersedes that when dealing with what is marital property.

[CADMT]

OPM will execute the order to divide the TSP in whatever manner the order stipulates for the division, as long as they have the approrpriate information to do so. The parties may agree the divide the TSP in any manner they agree to. However, the marital portion of the TSP would exclude pre-marital constributions plus earnings and/or losses. OPM is unconcerned about such matters and has no requirements concerning marital property or the manner in which the property is to be divided.

Bottom line: State law applies and it can only direct the division of property which is marital (that is, which was acquired or earned during the marriage).