Code of Alabama

Ala. Code § 6-10-8 (2026)

Rights of Beneficiaries and Assignees Under Life Insurance Policies.

✓ official Alabama Legislature (ALISON) text, current July 2026
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If a policy of insurance, whether heretofore or hereafter issued, is effected by any person on his or her own life or on another life in favor of a person other than himself or herself or, except in cases of transfer with intent to defraud creditors, if a policy of life insurance is assigned or in any way made payable to any such person, the lawful beneficiary or assignee thereof, other than the insured or the person so effecting such insurance, or his or her executors or administrators, shall be entitled to its proceeds and avails against the creditors and representatives of the insured and of the person effecting the same, whether or not the right to change the beneficiary is reserved or permitted and whether or not the policy is made payable to the person whose life is insured if the beneficiary or assignee shall predecease such person; provided, that subject to the statute of limitations, the amount of any premiums for said insurance paid with intent to defraud creditors, with interest thereon, shall inure to their benefit from the proceeds of the policy; but the company issuing the policy shall be discharged of all liability thereon by payment of its proceeds in accordance with its terms unless, before such payment, the company shall have written notice, by or in behalf of a creditor, of a claim to recover for transfer made or premiums paid with intent to defraud creditors, with specifications of the amount claimed. A husband or a wife, in his or her own name or in the name of a trustee, may insure the life of his or her spouse for the benefit of himself or herself, or for the benefit of himself or herself and any child or children of the marriage; or a husband or a wife may insure his or her own life for the benefit of his or her spouse, or for the benefit of his or her spouse and children, or for the benefit of their children, either in the names of such children or in the name of a trustee; and such insurance and the proceeds and avails thereof, whether or not the right to change the beneficiary is reserved or permitted, is exempt from liability for the debts or engagements of the insured, or for the torts of the insured, or for any penalty or damages recoverable of the insured.

(Code 1867, §§3539h, 3539i; Code 1876, §§2733, 2734; Code 1886, §2356; Code 1896, §2535; Code 1907, §4502; Code 1923, §8277; Acts 1932, Ex. Sess., No. 160, p. 190; Code 1940, T. 7, §624.)

Notes of Decisions
Cited in 5 cases, 1983–2014 · leading case: In re Rudd, 483 B.R. 354 (Bankr. M.D. Ala. 2012).
In re Rudd, 483 B.R. 354 (Bankr. M.D. Ala. 2012). · cites it 20× “The Debtors claimed the life insurance policies exempt under Ala.Code §§ 6-10-8 and 27-14-29. (Doc. 1, p.”
Shepard v. Morris (In Re Morris), 30 B.R. 392 (Bankr. N.D. Ala. 1983). · cites it 10× “The debtor listed the policies as assets in his petition and claimed the cash value as exempt property pursuant to Section 6-10-8, Code of Alabama 1975. On March 1,1983 the debtor assigned the policies and the cash surrender value to the First American Bank as collateral on a…”
In Re McWhorter, 312 B.R. 695 (Bankr. N.D. Ala. 2004). · cites it 7× “Accordingly, it is ORDERED, ADJUDGED and DECREED that the Trustee’s Objection to Amended Claim of Exemptions is SUSTAINED, permitting the Debtor only those exemptions allowed by law; and it is further ORDERED, ADJUDGED and DECREED that in accordance with Alabama Code §§ 6-10-8…”
Matter of Hyde, 200 B.R. 694 (Bankr. N.D. Ala. 1996). · cites it 2× “Section 6-10-8 provides a similar exemption for life insurance proceeds where the beneficiary is the husband, wife, or children of the insured.”
In re White, 510 B.R. 884 (Bankr. N.D. Ala. 2014). · cites it 3× “CODE § 6-10-8 and § 27-14-29(a) in accord with which the debtor shall be permitted an exemption for the proceeds of the life insurance policy as to the creditors of the insured/owner, Lesa White.”
— Ala. Code § 6-10-8(a) — 1 case
In re White, 510 B.R. 884 (Bankr. N.D. Ala. 2014). “CODE § 6-10-8 and § 27-14-29(a) in accord with which the debtor shall be permitted an exemption for the proceeds of the life insurance policy as to the creditors of the insured/owner, Lesa White.”
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