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§ 704.111.Exemption For Alimony, Support, and Separate Maintenance

Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 3. Exempt Property · Enacted 2022 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 704.111 exempts alimony, support, and separate maintenance payments received by a judgment debtor to the extent those payments are reasonably necessary for the support of the debtor and any of the debtor's dependents.

Full Text of § 704.111

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Alimony, support, and separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, are exempt.

Plain-English Summary

This is a brief but important protection for debtors who rely on support payments from a former spouse. Alimony, support, and separate maintenance are exempt from a judgment creditor's reach, but only to the extent those payments are reasonably necessary for the support of the debtor and any dependent of the debtor.

That reasonably-necessary standard means the exemption isn't automatic or unlimited — it depends on what the debtor and any dependents need. A court asked to determine the exemption looks at the debtor's circumstances the same way it evaluates other need-based exemptions in this article, such as the matured life insurance benefits protected under § 704.100(c) or the deposit account protection in § 704.225.

Frequently Asked Questions

Can a creditor take alimony payments I receive from my former spouse?

Not to the extent those payments are reasonably necessary for your support and the support of your dependents, under § 704.111.

Is there a dollar cap on this exemption?

No. It's a need-based test rather than a fixed dollar amount — the court looks at how much of the support payment is reasonably necessary.

Does this exemption cover child support the debtor receives on behalf of a dependent?

The statute's language covers alimony, support, and separate maintenance reasonably necessary for the debtor and any dependent, which reaches support payments made for a dependent's benefit.

Amendment History

Added by Stats 2022 ch 716 (SB 1099),s 5, eff. 1/1/2023.

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: alimony exemption californiaspousal support exempt from creditors