Retirement Accounts Are Fully Protected
Arizona provides one of the strongest retirement account protections in the country. Money held in qualified retirement plans, including 401(k), 403(b), traditional and Roth IRAs, 408 plans, and government 457 deferred compensation plans, is completely exempt from all creditor claims.
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. Contributions made within 120 days before a bankruptcy filing are not protected. Qualified domestic relations orders (used in divorce) can divide retirement assets. But outside those narrow situations, retirement savings are off limits to creditors entirely.
Life Insurance, Bank Accounts, and Other Protected Funds
The statute protects several other categories of financial assets. A surviving spouse or child can receive up to $20,000 in life insurance proceeds free from creditor claims. Cash surrender values of life insurance policies owned for at least two years are exempt when a family member is the beneficiary. Annuity contracts with the same two-year ownership and family beneficiary requirements are similarly protected.
Every Arizona resident can protect $5,000 in a single bank account (adjusted annually for inflation starting January 2024). College savings in a 529 plan are exempt, though contributions made within two years of a bankruptcy filing are excluded. Child support and spousal maintenance payments are fully protected, as are health, accident, and disability insurance benefits.
One often-overlooked provision: if you do not claim a homestead exemption on real property, you can instead claim up to $2,000 in prepaid rent and security deposits as a personal property homestead. This gives renters a form of housing protection similar to what homeowners receive.