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A.R.S. § 33-1126

Money, Insurance, and Retirement Exemptions

Verified April 4, 202657th Legislature, 1st Regular Session

Arizona shields a broad range of financial assets from creditor claims. This includes retirement accounts like 401(k) and IRA plans. It also covers life insurance, child support, 529 savings, and up to $5,000 in a bank account.

Title 33, HOMESTEADS AND EXEMPTIONS

azleg.gov

Retirement Accounts Are Fully Protected

Arizona offers some of the strongest retirement account protections in the country. Money held in qualified retirement plans is fully exempt from all creditor claims. This covers 401(k), 403(b), 408, 408A, traditional and Roth IRAs, and government 457 plans.

Any money or other assets payable to a participant in or beneficiary of, or any interest of any participant or beneficiary in, a retirement plan under section 401(a), 403(a), 403(b), 408, 408A or 409 or a deferred compensation plan under section 457 of the United States internal revenue code of 1986, as amended, whether the beneficiary's interest arises by inheritance, designation, appointment or otherwise, is exempt from all claims of creditors of the beneficiary or participant.

A.R.S. § 33-1126(B)

There are limited exceptions. The law does not protect contributions made within 120 days before a bankruptcy filing. Courts can also divide retirement assets through qualified domestic relations orders in a divorce. But outside those narrow cases, creditors cannot touch retirement savings.

Life Insurance, Bank Accounts, and Other Protected Funds

The statute protects several other types of financial assets. A surviving spouse or child can receive up to $20,000 in life insurance proceeds free from creditor claims. Cash surrender value of life insurance policies owned for at least two years is also exempt. The beneficiary must be a family member for this rule to apply.

Every Arizona resident can protect $5,000 in a single bank account. This amount adjusts each year for inflation starting January 2024. College savings in a 529 plan are exempt too. However, the law excludes contributions made within two years of a bankruptcy filing.

Child support and spousal maintenance under a court order are fully protected. Health, accident, and disability insurance benefits are also shielded.

One rule that many people miss: if you do not claim a homestead exemption on real property, you can claim up to $2,000 in prepaid rent and security deposits instead. This gives renters a form of housing protection similar to what homeowners receive.

33-1126. Money benefits or proceeds; exception (Caution: 1998 Prop. 105 applies) A. The following property of a debtor is exempt from execution, attachment or sale on any process issued from any court: 1. All money received by or payable to a surviving spouse or child on the life of a deceased spouse, parent or legal guardian, of not more than $20,000. 2. The earnings of the minor child of a debtor or the proceeds of these earnings by reason of any liability of the debtor not contracted for the special benefit of the minor child. 3. All monies received by or payable to a person entitled to receive child support or spousal maintenance pursuant to a court order. 4. All money, proceeds or benefits of any kind to be paid in a lump sum or to be rendered on a periodic or installment basis to the insured or any beneficiary under any policy of health, accident or disability insurance or any similar plan or program of benefits in use by any employer. 5. All money arising from any claim for the destruction of, or damage to, exempt property and all proceeds or benefits of any kind arising from fire or other insurance on any property exempt under this article. 6. The cash surrender value of life insurance policies where for a continuous unexpired period of two years the policies have been owned by a debtor. 7. An annuity contract where for a continuous unexpired period of two years that contract has been owned by a debtor and has named as beneficiary the debtor, the debtor's surviving spouse, child, parent, brother or sister, or any other dependent family member. 8. Any claim for damages recoverable by any person by reason of any levy on or sale under execution of that person's exempt personal property or by reason of the wrongful taking or detention of that property by any person, and the judgment recovered for damages. 9. A total of $5,000 held in a single account in any one financial institution as defined by section 6-1...

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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