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Florida Bankruptcy Exemptions

Florida is known around the country as a haven for debtors filing for bankruptcy.

Federal bankruptcy laws allow for states to pass legislation to determine that state's own exemptions. Florida elected to do so.


In order to qualify for Florida's Bankruptcy exemptions, you will need to have lived in Florida continuously for the prior 24 months; otherwise, you will use your last state of residence.

  • $1,000 in personal property
  • $4,000 in personal property if no homestead exemption is claimed
  • $1,000 in motor vehicle equity
  • 401(k) and 403(b) retirement plans
  • Alimony payments
  • Annuities
  • Cash surrender value of life insurance policies
  • Crime victims' compensation
  • Deferred compensation programs
  • Disability benefits and income
  • Property held as tenants by the entirety (if only one spouse files and there are no unsecured creditors)
  • Fraternal benefit society benefits
  • Florida Retirement System benefits
  • Damages for injuries in hazardous occupations
  • Professionally prescribed health aids
  • Health savings accounts
  • Homestead exemption
  • Local public assistance benefits
  • Payments for illness or disability
  • Non-specific pension payments
  • Pensions for firefighters, highway patrol officers, etc.
  • Federal pensions (last three months)
  • Prepaid college funds
  • Profit-sharing payments
  • Retirement benefits for certain workers
  • Separate maintenance payments
  • Social Security benefits
  • Stock bonus retirement plans
  • Unemployment benefits and compensation
  • Veterans' benefits
  • Wages for the head of family
  • Workers' compensation
  • Hurricane savings accounts
  • Illness benefits
  • Individual Retirement Accounts (IRAs)

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