Mass. Gen. Laws » Part I Title XXI Chapter 151A
Massachusetts General Laws

Mass. Gen. Laws ch. 151A, § 36 (2026)

Assigning, encumbering or releasing benefits; exemption from claims of creditors; exception

✓ current as of July 2026
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Section 36. Benefits which are or may become due under this chapter shall not be assigned, pledged, encumbered, released, commuted or trusteed before payment; and when paid shall, as long as they are not mingled with other funds of the beneficiary, be exempt from all claims of creditors, and from levy, execution and attachment or other remedy now or hereafter provided for the recovery or collection of debt, which exemption may not be waived.

Nothing in this section shall prevent benefits payable under this chapter from being assigned, executed upon, trusteed, or otherwise attached when the purpose of such assignment or attachment is to satisfy a support order under chapter two hundred and eight, two hundred and nine, or two hundred and seventy-three or to satisfy an order to provide child support issued pursuant to legal process as defined in Section 462(e) of the Social Security Act.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1980–2021 · leading case: Brady v. Brady, 403 N.E.2d 1174 (Mass. 1980).
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Brady v. Brady, 403 N.E.2d 1174 (Mass. 1980). “12 The husband argues that, absent a voluntary agreement, unemployment compensation benefits are exempt from support orders by virtue of G. L. c. 151A, § 36. Since there was such a voluntary agreement here, we need not consider this argument.”
In Re McConchie, 94 B.R. 245 (Bankr. D. Mass. 1988). “108A, § 25 (partner’s interest in specific partnership property); M.G.L. c. 151A, § 36 (unemployment compensation); M.”
Slive & Hanna, Inc. v. Massachusetts Comm'n Against Discrimination & Another., 178 N.E.3d 407 (Mass. App. Ct. 2021). “[Note 13] Additionally, unemployment benefits, G. L. c. 151A, § 36, workers' compensation benefits, G.”
In Re DeVoe, 134 B.R. 74 (Bankr. D. Mass. 1991). “235, § 34, ¶ 15 (any sum received or due as public assistance is exempt); G.L. c. 151A, § 36 (unemployment compensation benefits are exempt except against claims under support orders); G.”
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