§ 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
Full Text of § 704.100
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.