§ 704.100 Life insurance policies

§ 704.100. Life insurance policies

    (a) Unmatured life insurance policies (including endowment and annuity policies), but not the loan value of such policies, are exempt without making a claim.

    (b) The aggregate loan value of unmatured life insurance policies (including endowment and annuity policies) is subject to the enforcement of a money judgment but is exempt in the amount of nine thousand seven hundred dollars ($9,700). If the judgment debtor is married, each spouse is entitled to a separate exemption under this subdivision, and the exemptions of the spouses may be combined, regardless of whether the policies belong to either or both spouses and regardless of whether the spouse of the judgment debtor is also a judgment debtor under the judgment. The exemption provided by this subdivision shall be first applied to policies other than the policy before the court and then, if the exemption is not exhausted, to the policy before the court.

    (c) Benefits from matured life insurance policies (including endowment and annuity policies) are exempt to the extent reasonably necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor.

    EXPLANATORY NOTE

    For the current amount of exemption under this section, as adjusted by the Judicial Council and required by Code of Civil Procedure § 703.150, which authorizes the Judicial Council to publish cost-of-living adjustments every three years, see the Judicial Council Form reproduced under Chapter 4, preceding Code of Civil Procedure § 703.010 (for electronic
publications, see Refs & Annos).