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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Is a retirement pension exempt from garnishment?

Customer Question

Is a retirement pension exempt from garnishment?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In general, retirement benefits CANNOT be garnished, with limited exceptions (government debt, student loans, family support). Furthermore, those benefits of your ex husband cannot be garnished for debts that are not his debts or marital debts. If his bank account is being seized or his retirement funds are being seized, he can file an exception to garnishment in the court that issued the order and provide proof to the court that the funds are retirement/SS benefits and also that they are his separate funds and this debt is a separate debt of you and not his debt.