Are Pensions Exempt or Protected From Creditors and the Bankruptcy Trustee in Bankruptcy in the State of Florida?

Florida Statute Section 222.21 states:

  • Money received by any debtor as pensioner of the United States within three months next preceding the issuing or an execution, attachment, or garnishment process may not be applied to the payment of any debts of the pensioner when it is made to appear by the affidavit of the debtor or otherwise that the pension money is necessary for the maintenance of the debtor’s support or a family supported wholly or in part by the pension money. The filing of the affidavit by the debtor, or the making of such proof by the debtor, is prima facie evidence, and it is the duty of the court in which the proceeding is pending to release all pension moneys held by such attachment or garnishment process, immediately, upon the filing of such affidavit or the making of such proof.