Florida Bankruptcy Exemptions
Table of Contents
Insurance Lawyer
Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...
Jeffrey Johnson
Insurance Lawyer
Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...
Jeffrey Johnson
Updated January 2025
Federal bankruptcy exemptions available? NO
A court has held that under Florida law property held by a married couple under tenancy by the entirety may be exempt if only one of the spouses owes a debt. If both spouses owe a debt, the usual homestead exemptions apply.
All references to state statutes in the chart below are to the Florida Statutes Annotated.
Resources:
United States Bankruptcy Court, Middle District of Florida
United States Bankruptcy Court, Northern District of Florida
United States Bankruptcy Court, Southern District of Florida
| Florida Bankruptcy Exemptions | ||
|---|---|---|
| Assets | Exemption | State Statute |
| Homestead | Real or personal property, including a mobile or modular home: unlimited value for up to ½ acre in a municipality or 160 acres elsewhere. This exemption can be claimed by the spouse and children of a deceased owner. | Constitution 10-4; 222.01–222.3, 222.05 |
| Debtor may file a homestead declaration. | 222.01 | |
| Insurance | Death benefits: all benefits payable to a specific beneficiary and not to the deceased’s estate. | 222.13 |
| Annuity proceeds, except for lottery winnings: all. | 222.14 | |
| Life insurance cash surrender value: all. | 222.14 | |
| Illness and disability benefits: all. | 222.18 | |
| Fraternal benefit society payments: all. | 632.619 | |
| Miscellaneous | Child support and alimony: all necessary for support. | 222.25 |
| Damages for injuries to employees in hazardous occupations: all. | 769.05 | |
| Pensions | federal pension exemptions | |
| State officer and state employee pensions: all. | 121.131 | |
| County officers and county employee pensions: all. | 122.15 | |
| Firefighter pensions: all. | 175.241 | |
| Police officer pensions: all. | 185.25 | |
| IRAs, Roth IRAs, and ERISA-qualified benefits: all. | 222.21(2) | |
| Teacher pensions: all. | 238.15 | |
| Personal Property | Deposits into prepaid trust for college education: all. | 222.22(1) |
| Deposits into prepaid medical savings account: all. | 222.22(2) | |
| Deposits prepaid into hurricane savings account: all. | 222.22(4) | |
| Federal income tax refund/credit: all. | 222.25 | |
| Health aids: all. | 222.25 | |
| Motor vehicle: up to $1,000. | 222.25 | |
| Public Benefits | Public assistance: all. | 222.201 |
| Social Security benefits: all. | 222.201 | |
| Unemployment compensation benefits: all. | 222.201; 443.051(2), (3) | |
| Veterans’ benefits: all. | 222.201; 744.626 | |
| Workers’ compensation: all. | 440.22 | |
| Crime victims’ compensation: all if the debt is not for treatment of injuries received during the crime. | 960.14 | |
| Tools of Your Trade | No exemptions. | |
| Wages | Wages for head of family, paid or unpaid: 100% of all wages up to $750 per week. | 222.11 |
| Federal government employee pension received 3 months prior to any execution or collection of the funds: all. | 222.21 | |
| Wildcard | Personal property: up to $1,000 for single person. | Constitution 10-4 |
Click here to read an Introduction to Bankruptcy Exemptions.
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