Non-alienation: Overview, definition, and example
What is non-alienation?
Non-alienation is a legal concept that prohibits the transfer, assignment, sale, or pledge of certain rights or benefits—typically in the context of retirement plans, pensions, or trusts. When a right is subject to non-alienation, the person entitled to the benefit cannot give it away, sell it, or use it as collateral, and creditors cannot seize it to satisfy debts. This principle is often used to protect essential benefits from being lost, misused, or claimed by third parties.
Why is non-alienation important?
Non-alienation is important because it preserves the intended purpose of specific benefits—such as ensuring retirement income or providing long-term financial security. It helps safeguard these funds from mismanagement, pressure from third parties, or aggressive debt collection. For employers and plan sponsors, non-alienation provisions also ensure compliance with laws like ERISA, which require certain pension benefits to be protected from alienation.
Understanding non-alienation through an example
Suppose an employee participates in a company-sponsored retirement plan. The plan includes a non-alienation clause, meaning the employee cannot sell or assign their future retirement payments to someone else, and creditors cannot seize those benefits to cover the employee's personal debts. This protection ensures that the retirement income remains available when the employee needs it most.
Example of how non-alienation may be referenced in a legal document
Here’s how a non-alienation clause may appear in a pension or benefits agreement:
"The benefits provided under this Plan shall not be subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, or garnishment, except as required by applicable law."
Conclusion
Non-alienation is a protective legal concept designed to ensure that specific rights or benefits—especially retirement or trust-related entitlements—remain with the intended recipient and are shielded from transfer, misuse, or outside claims. It promotes long-term financial stability and aligns with public policy goals of protecting essential income from being lost through debt or poor decision-making.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.