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Committee recommends ITL on bill that would remove military retirement benefits from divorce property settlements

2159574 · January 28, 2025
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Summary

Lawmakers debated HB 170, which would exempt military retirement pay from division in New Hampshire divorce property settlements. Committee members and veterans warned the change would remove an important restorative remedy; the committee voted ITL 15-1.

Representative Markel moved to recommend HB 170 inexpedient to legislate after testimony from family-law members and advocates who said military retirement rights are one element of equitable marital property division and that removing them would harm military spouses. Markel said military retirement pay is treated like other marital assets in the state and that removing it would undermine the purpose of existing statutes.

Representative Raymond and others argued for judicial training and narrower changes rather than a broad exclusion; Representative Love spoke against ITL. Representative Markel explained the complexity involved in transferring a retired pay share (it requires a Qualified Domestic Relations Order or military process) and urged the committee to preserve the current framework. The motion to ITL passed on a roll call 15-1.

Ending: The committee voted 15-1 to recommend ITL; sponsors were encouraged to discuss narrower alternatives

Sections: lede: bill would protect military retirement benefits from division; nut graf: advocates argued it would remove a restorative remedy; body: committee discussion and 15-1 ITL vote; ending: committee suggested alternatives and stakeholder work.