RulesofCivilProcedure.com Civil Procedure · Every State

§ 704.100.Unmatured Life Insurance Policies

Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 3. Exempt Property · Last amended 2021 · Last verified July 28, 2026

In one sentenceSection 704.100 exempts unmatured life insurance policies entirely without a claim, exempts their aggregate loan value up to $13,975 per spouse with combinable exemptions, and exempts benefits from matured policies to the extent reasonably necessary for the support of the debtor and the debtor's spouse and dependents.

Full Text of § 704.100

Text sizeJump to: (a) (b) (c)

(a) Unmatured life insurance policies (including endowment and annuity policies), but not the loan value of such policies, are exempt without making a claim.
(b) The aggregate loan value of unmatured life insurance policies (including endowment and annuity policies) is subject to the enforcement of a money judgment but is exempt in the amount of thirteen thousand nine hundred seventy-five dollars ($13,975). If the judgment debtor is married, each spouse is entitled to a separate exemption under this subdivision, and the exemptions of the spouses may be combined, regardless of whether the policies belong to either or both spouses and regardless of whether the spouse of the judgment debtor is also a judgment debtor under the judgment. The exemption provided by this subdivision shall be first applied to policies other than the policy before the court and then, if the exemption is not exhausted, to the policy before the court.
(c) Benefits from matured life insurance policies (including endowment and annuity policies) are exempt to the extent reasonably necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor.

Plain-English Summary

Life insurance gets three different layers of protection depending on what part of the policy a creditor is after. The policy itself, while unmatured — including endowment and annuity policies — is fully exempt without any claim, but that blanket protection doesn't extend to the policy's loan value, the cash a debtor could borrow against it.

That loan value gets its own, narrower exemption instead: up to $13,975 in aggregate loan value across all of a debtor's unmatured policies. A married debtor gets a separate $13,975 exemption, and spouses can combine their two exemptions into one larger pool — regardless of which spouse owns which policy, and even if both spouses are judgment debtors under the same judgment. When the exemption doesn't cover every policy, it applies first to policies other than the one directly before the court, and only reaches the policy before the court if anything is left over.

Once a policy matures and pays out, subdivision (c) takes over: benefits from matured life insurance, endowment, and annuity policies are exempt only to the extent reasonably necessary for the support of the debtor and the debtor's spouse and dependents — a support-based test rather than a flat dollar figure.

Frequently Asked Questions

Can a creditor force me to cash out my life insurance policy?

No. Section 704.100(a) exempts unmatured life insurance policies themselves without any claim needed.

Can a creditor reach the cash value I could borrow against my policy?

Only above $13,975 in aggregate loan value. Each spouse gets a separate $13,975 exemption, and married debtors can combine their exemptions under § 704.100(b).

What happens once the policy matures and pays a benefit?

Matured policy benefits are exempt only to the extent reasonably necessary for the support of the debtor and the debtor's spouse and dependents, under § 704.100(c).

Amendment History

Amended by Stats 2020 ch 81 (SB 898),s 8, eff. 1/1/2021. Amended by Stats 2003 ch 379 (AB 182),s 11, eff. 1/1/2004.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: life insurance exemption california judgmentcash value life insurance exempt from creditors