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Florida Asset Protection Laws

Filed under Asset Protection Strategies. Fact checked on April 22, 2012.

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These assets are exempted from a state court or bankruptcy proceeding in Florida.

Homestead: Real property including mobile home to unlimited value. Property cannot exceed 1/2-acre in municipality or 160 contiguous acres elsewhere. Property held as tenancy by the entirety may be exempt against the debts owed by only one spouse

Pensions and Retirement Benefits: ERISA-qualified benefits. Funds exempted for various public employees' retirement systems, along with profit-sharing benefits necessary for support. IRA exemptions for conventional, Roth, SEP and SIMPLE plans.

Insurance: Annuity contract proceeds. Death benefits payable to a specific beneficiary not the deceased's estate. Disability or illness benefits. Cash surrender value of life insurance. Fraternal society benefits.

Personal Property: All prescribed health aids for debtor/dependents and $1,000 in any other personal property exempt. One motor vehicle up to $1,000.

Tools of Trade: None.

Miscellaneous: Business partnership property. Alimony. Child support. Prescribed health aids.

Wages: 100% exempt for head of household. However, head of household may sign waiver that allows garnishment of wages in excess of $500 per week. Wages of others exempt in accordance with the federal standard (see the introduction to these tables). Also exempt are 6 months of wages paid and deposited in a bank account.

Public Benefits: Workers' compensation. Unemployment compensation. Veteran's benefits. Crime victim's compensation. Public assistance. Social Security. Alimony, support and separate maintenance to extent reasonably necessary to support debtor and dependents.

Wild Card: None.

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