Can a prenuptial protect one from a tax lien?

I have a tax lien that stains an otherwise perfect credit history. I don't want this debt to in any way pass on to my girlfriend, whom I want to ask to marry me. Does a standard prenuptial cover this? I am working it out with the IRS, but in the meantime, I have this lien and I want to make sure that my girlfriend is immune from collection.
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Answers (1)

Henry Daniel Lively

Henry Daniel Lively

Contributor Level 7
Your girlfriend will need to keep all of her assets separate during your marriage while the tax lien is in existence. She and you should also file married filing separately. This is not going to get you the best tax result, but it will keep her from being affected by your tax problem.

Disclaimer - This response does not constitute legal, accounting or other professional advice. Only through a personal, confidential consultation with qualified legal counsel can anyone properly evaluate their own unique estate planning challenges and determine what, if any, appropriate legal strategies and tactics should be implemented to meet those challenges.

Circular 230 Disclaimer - “Nothing in this response is intended or written to be used, and cannot be used by any person for the purpose of avoiding tax penalties regarding any transactions or matters addressed herein. You should always seek advice from independent tax advisors regarding the same.”
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