A court has held that under Florida law property held by a married couple under tenancy by the entirety may be exempt if only one of the spouses owes a debt. If both spouses owe a debt, the usual homestead exemptions apply.
All references to state statutes in the chart below are to the Florida Statutes Annotated.
Resources:
United States Bankruptcy Court, Middle District of Florida
United States Bankruptcy Court, Northern District of Florida
United States Bankruptcy Court, Southern District of Florida
| Florida Bankruptcy Exemptions | ||||||||
| Assets | Exemption | State Statute | ||||||
| Homestead | Real or personal property, including a mobile or modular home: unlimited value for up to ½ acre in a municipality or 160 acres elsewhere. This exemption can be claimed by the spouse and children of a deceased owner. | Constitution 10-4; 222.01–222.3, 222.05 | ||||||
| Debtor may file a homestead declaration. | 222.01 | |||||||
| Insurance | Death benefits: all benefits payable to a specific beneficiary and not to the deceased’s estate. | 222.13 | ||||||
| Annuity proceeds, except for lottery winnings: all. | 222.14 | |||||||
| Life insurance cash surrender value: all. | 222.14 | |||||||
| Illness and disability benefits: all. | 222.18 | |||||||
| Fraternal benefit society payments: all. | 632.619 | |||||||
| Miscellaneous | Child support and alimony: all necessary for support. | 222.201 | ||||||
| Damages for injuries to employees in hazardous occupations: all. | 769.05 | |||||||
| Pensions | federal pension exemptions | |||||||
| State officer and state employee pensions: all. | 121.131 | |||||||
| County officers and county employee pensions: all. | 122.15 | |||||||
| Firefighter pensions: all. | 175.241 | |||||||
| Police officer pensions: all. | 185.25 | |||||||
| IRAs, Roth IRAs, and ERISA-qualified benefits: all. | 222.21(2) | |||||||
| Teacher pensions: all. | 238.15 | |||||||
| Personal Property | Deposits into prepaid trust for college education: all. | 222.22(1) | ||||||
| Deposits into prepaid medical savings account: all. | 222.22(2) | |||||||
| Deposits prepaid into hurricane savings account: all. | 222.22(4) | |||||||
| Federal income tax refund/credit: all. | 222.25 | |||||||
| Health aids: all. | 222.25 | |||||||
| Motor vehicle: up to $1,000. | 222.25 | |||||||
| Deposits for funeral contract (pre-need): all. | 497.56(8) | |||||||
| Public Benefits | Public assistance: all. | 222.201 | ||||||
| Social Security benefits: all. | 222.201 | |||||||
| Unemployment compensation benefits: all. | 222.201; 443.051(2), (3) | |||||||
| Veterans’ benefits: all. | 222.201; 744.626 | |||||||
| Workers’ compensation: all. | 440.22 | |||||||
| Crime victims’ compensation: all if the debt is not for treatment of injuries received during the crime. | 960.14 | |||||||
| Tools of Your Trade | No exemptions. | |||||||
| Wages | Wages for head of family, paid or unpaid: 100% of all wages up to $500 per week; wages deposited into bank account: up to $500 per week for up to 6 months after deposited. | 222.11 | ||||||
| Federal government employee pension received 3 months prior to any execution or collection of the funds: all. | 222.21 | |||||||
| Wildcard | Personal property: up to $1,000 for single person, up to $2,000 for married couple. | Constitution 10-4 | ||||||
Click here to read an Introduction to Bankruptcy Exemptions.