• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

770-993-1005

87 Vickery Street | Roswell, GA 30075

  • Facebook
  • Google+
  • LinkedIn
  • Twitter
Charlton & Glover P.C.

Charlton & Glover P.C.

Atlanta Family Law & Divorce Attorney

  • Home
  • Our Firm
    • Martin Grayson Charlton, Esq.
    • Patricia S. Glover, Esq.
  • Family Law
    • Divorce
    • Alimony & Spousal Support
    • Child Custody & Visitation
    • Child Support
    • Modifications
    • Same Sex Marriage
  • Bankruptcy
    • Chapter 7
    • Chapter 13
  • Wills & Probate
  • Criminal Defense
  • Mediation
  • Contact
  • Blog

Can I keep my retirement account if I file bankruptcy?

You are here: Home / Bankruptcy / Can I keep my retirement account if I file bankruptcy?

November 21, 2016 by Patty Glover

The good news is that for the most part, your 401(k) and other qualified retirement accounts are protected in bankruptcy. Traditionally, retirement accounts are almost always protected from creditors and are considered “exempt” when a bankruptcy is filed. An “exemption” in a bankruptcy just means that the asset is safe from the clutches of the court and the bankruptcy filer can keep it with no problem.

divorce attorney alpharetta ga retireRegardless of how much savings you have in your 401(k), 403(b), 457(b), Keogh or other benefit plan, those retirement accounts can not be touched by creditors if you file Chapter 7 bankruptcy, nor will they affect the amount you pay back if you file Chapter 13. If you have funds saved in an IRA (including Roth, SEP, or SIMPLE), these funds are generally exempt from creditors, however there will be a certain limit. As of April 2013, this limit was approximately $1.2 million.

The Federal Bankruptcy Code lists specific assets that are exempt. Your IRA is one such asset, but only if you or your spouse were the ones contributing to it.

According to federal bankruptcy laws, once an IRA is passed on and inherited by another, it loses its protected status. However, this does not apply to spouses. If your spouse passes, the IRA you get from your spouse is considered a “rollover IRA” and will remain protected.

You need to know that these federal bankruptcy exemptions are not applicable in every state. Each state has the option to come up with it’s own exemptions.

What if I am retired?

The circumstances are different if you are already retired and taking distributions. If you are drawing income from your retirement accounts, that money is more accessible to creditors. That accessibility depends on how much income you need to meet your living expenses.

If you were to file Chapter 7 bankruptcy, anything above what you need to support yourself could be fair game to creditors. Should you file Chapter 13 bankruptcy, the income from your retirement plan or plans will likely be included to determine how much you can afford to repay your debt.

Is it a good idea to cash out my retirement before filing for bankruptcy?

In general, cashing out your retirement account prior to filing for bankruptcy is almost never a good idea. There are usually severe penalties and negative tax consequences for cashing out your retirement account early. Additionally, there will be a loss of protection of those funds or assets you bought in bankruptcy.

Alpharetta Bankruptcy Lawyers Charlton & Glover Can Help You

Bankruptcy can be very complicated; we will bring clarity to your questions. If you live in the North Atlanta area, the experienced bankruptcy attorneys at Charlton & Glover are here for you. Call us at (770) 993-1005 to schedule an initial consultation.

Category iconBankruptcy,  Chapter 7 Tag iconalimony attorneys atlanta,  Alpharetta Bankruptcy Lawyers,  alpharetta divorce attorney,  alpharetta divorce lawyer,  divorce attorney alpharetta ga

Primary Sidebar

Testimonials

"5 Stars, of course no one WANTS to think about divorce, child custody or other situations you might someday find yourself needing a lawyer for but it is simply a reality for some & it’s always good to be prepared" ...

Erin Charisse

Read More

"I had just had probably the worst year financially speaking. I was paying several mortgages, had lost my business and had a massive amount of unexpected health related expenses and credit card bills. I could only see one" ...

Frank E.

Read More

"Charlton & Glover have handled bankruptcy, DUI, divorce, personal injury, and criminal defense cases for me and have done an excellent job" ...

Mike

Read More

Contact Us

Footer

Contact us today to schedule a free initial consultation!

770-993-1005

87 Vickery Street
Roswell, GA 30075


  • Facebook
  • Google+
  • LinkedIn
  • Twitter

Our Roswell family law firm offers experienced legal counsel and representation in family law matters, including:

  • Divorce
  • High-asset divorce
  • Alimony and spousal support
  • Property division
  • Dividing retirement accounts
  • Child custody and visitation
  • Child support
  • Modifications
  • Prenuptial/Postnuptial agreements
  • Criminal Defense
  • Bankruptcy
  • Wills & Probate
  • Mediation
  • Arbitration

Attorneys Serving:

North Atlanta, Roswell, Alpharetta, East Cobb, Milton, Duluth, Sandy Springs, Suwanee, Dunwoody, Buckhead, Marietta, Johns Creek, Smyrna, Cumming, Gainesville, Fulton County, Cobb County, Cherokee County, Forsyth County, DeKalb County, Gwinnett County and Hall County, Georgia.

Copyright © 2026 Charlton & Glover, P.C. All rights reserved.
Atlanta Web Design by Goebel Media.
Telephone & Video Conferences Available.