§ 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
Full Text of § 704.111
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.