Updated September 4, 2026. Quick answer: New Hampshire fully exempts a traditional or Roth IRA from ordinary creditors with no dollar cap, does not address inherited IRAs, and repealed its old opt-out statute in 1997, so a debtor may elect the federal bankruptcy exemption list.
Confidence note: high. This page covers ordinary judgment-creditor protection under New Hampshire law and the state’s bankruptcy exemption election; see the 51-jurisdiction summary at IRA creditor protection by state for how it compares.
How New Hampshire protects an IRA from ordinary creditors
| Traditional IRA (outside bankruptcy) | Fully exempt, no dollar cap. RSA 511:2, XIX exempts "any interest in a retirement plan or arrangement qualified for tax exemption purposes," naming IRAs including Roth and education IRAs, SEPs, Keogh plans, and IRC §403(a)/403(b)/457 plans. |
|---|---|
| Roth IRA | Expressly named ("individual retirement accounts including Roth IRAs"). |
| Inherited / beneficiary IRA | Not addressed. |
| Bankruptcy exemption choice | Opt-in. New Hampshire’s earlier opt-out statute, RSA 511:2-a, was repealed effective January 1, 1997, and no successor opt-out provision exists. |
| Carve-outs and exceptions | The exemption is subject to New Hampshire’s Uniform Voidable Transactions Act (RSA 545-B), though a rollover or transfer between retirement plans is expressly not treated as a fraudulent transfer; the exemption applies only to plans in existence on or after January 1, 1999, and only to debts arising after that date. |
Compare your next step
Not ready to talk to anyone? Browse our guides.Optional next step
Want help protecting your IRA?
Ask an adviser how this state rule fits your broader asset-protection and retirement plan.
- No fee to request a match
- No obligation to hire
Expect questions about your situation, your name, email and phone, and phone verification by text. A match is not guaranteed.
The form is run by Kapitalwise, our advisor-matching partner. Kapitalwise sends your details to advisers who pay for the introduction, so expect calls and texts. Clear Money Guide may earn a referral payment through this service, whether or not you ever hire anyone. This is free to you and there is no obligation to hire anyone.
Opens here. Nothing loads and nothing reaches Kapitalwise until you press the button.
How our partner relationships workCompare an adviser match before you decide
Ask about the full fee, what it covers and how the adviser is paid. A match is an introduction, not a recommendation from Clear Money Guide.
- Free matching service
- No obligation to hire
The matching service is run by WiserAdvisor, an independent advisor-matching company. It opens on their site, asks for your ZIP code and a few questions, and matches you with 2 to 3 vetted advisors. It is free to you. WiserAdvisor states the service is built for portfolios of $250,000 and above. By submitting, you consent to emails, phone calls and text messages from WiserAdvisor and up to three advisors, so expect to be contacted. Advisers pay for the introduction. Clear Money Guide is paid when you complete the form, whether or not you ever hire anyone. There is no obligation to hire anyone.
Continue to WiserAdvisorOpens on WiserAdvisor’s site in a new tab.
Source: WiserAdvisor’s service descriptionThe federal backdrop, the same in every state
Two separate systems can protect an IRA, and which one applies depends on whether you are in bankruptcy. Outside bankruptcy, in an ordinary lawsuit and judgment, only your state’s own exemption statute protects an IRA; there is no federal floor. Inside a Chapter 7 or 13 case, a debtor who lives in a state that allows the choice (see the table below) may instead elect the federal exemption list, which protects retirement funds under 11 U.S.C. §522(d)(12) for accounts exempt from tax under IRC §401, 403, 408, 408A, 414, 457 or 501(a). For traditional and Roth IRAs specifically (not SEP or SIMPLE plans, and not amounts rolled over from an employer plan, which stay unlimited), that federal protection is capped in the aggregate at $1,711,975 (11 U.S.C. §522(n), adjusted for inflation effective April 1, 2025 through March 31, 2028; the base figure was $1,000,000 in 2005 and is reindexed every three years). A state that has NOT opted out of the federal list still leaves the debtor free to use state exemptions instead if the state amount is better, since the debtor picks whichever list helps more, once, for the whole case.
A 401(k) or other ERISA-qualified employer plan does not depend on any of this: its anti-alienation protection is federal, unlimited and the same in every state, in or out of bankruptcy. See 401(k) vs. IRA creditor protection for that comparison in full.
Inherited IRAs are a separate question
In 2014 the U.S. Supreme Court held, unanimously, that an inherited IRA is not a “retirement fund” within the meaning of the federal bankruptcy exemption, in Clark v. Rameker, 573 U.S. 122 (2014). That holding controls only the federal bankruptcy exemption; it says nothing about what a state’s own exemption statute does outside bankruptcy, or about a state that has opted out and writes its own bankruptcy-time exemption list. Some states responded by amending their own statutes to protect inherited IRAs expressly; most have simply never addressed the question. See inherited IRA creditor protection for the full explanation of the ruling and its reasoning.
Statute and sources
Governing citation: RSA 511:2, XIX.
Read September 4, 2026.
Related: IRA creditor protection, all 51 jurisdictions · 401(k) vs. IRA creditor protection · inherited IRA creditor protection.
General information drawn from each state’s own published statutes, not legal, tax or financial advice. Exemption amounts and rules are set by state law and can change by future legislation or court decisions; whether a specific IRA is protected in a specific case depends on facts this page cannot see. We are not a law firm, a tax adviser, or a fiduciary, and this is not personalized advice. Talk to a bankruptcy or asset-protection attorney licensed in your state before relying on any figure here.