---
type: Authority
title: 29 U.S.C. §1056(d) (ERISA Anti-Alienation)
description: The federal ERISA provision barring assignment or alienation of benefits in qualified employer retirement plans, giving those plans strong creditor protection.
resource: https://www.law.cornell.edu/uscode/text/29/1056
tags: [erisa, retirement, anti-alienation, asset-protection, federal]
timestamp: 2026-06-22
jurisdiction: Federal
author: Patrick Nolan
authority_type: statute
citation: 29 U.S.C. §1056(d)
---

# Summary

29 U.S.C. §1056(d) is the ERISA anti-alienation rule. It provides that benefits under a qualified employer retirement plan, such as a 401(k) or pension, may not be assigned or alienated, which gives those plans strong protection from most creditors. Individual retirement accounts are not ERISA plans and instead rely on bankruptcy exemptions (11 U.S.C. §522).

# Operative text

Paraphrased: each qualified plan must provide that benefits under the plan may not be assigned or alienated, subject to limited exceptions (for example, qualified domestic relations orders). Read the full section at the official source linked above.

# Decision rule

Because ERISA-qualified plan benefits are shielded by §1056(d), keep employer-plan assets in the qualified plan for the strongest protection; for IRAs, which depend on bankruptcy exemptions, plan beneficiary designations carefully and remember that inherited IRAs may not carry the same protection.

# Related

- [Protecting Retirement Accounts in Missouri](/okf/asset-protection/retirement-accounts.md)
- [Core Missouri Asset Protection Tools](/okf/asset-protection/core-tools.md)
- Official source: https://www.law.cornell.edu/uscode/text/29/1056