Maria, great question. A lot of people focus on dividing assets in a divorce, but debts are just as important, and they don’t just disappear when the marriage ends. In New York, debt is divided under equitable distribution, which means the court doesn’t necessarily split everything 50/50—instead, they divide debts in a way that’s considered fair based on your situation. So, how does it actually work? First, the court looks at whether the debt is marital or separate. Marital debt is anything taken on during the marriage—credit cards, loans, mortgages, medical bills, etc.—even if only one spouse’s name is on it. Separate debt is anything one spouse had before the marriage or took on after the separation. That stays with the person who incurred it. Who actually pays what? Courts will consider a few things when dividing marital debt: Who benefited from the debt? If one spouse racked up credit card debt on vacations or luxury purchases while the other was being responsible, the judge might make the spender take on more of it. Who has the ability to pay? If one spouse earns significantly more than the other, they might end up responsible for a larger share of the debt. What’s happening with the assets? If one spouse keeps the house, they might also have to take on the mortgage. What about joint credit cards and loans? This is where things get tricky. Even if the court orders your ex to pay a certain debt, creditors don’t care about your divorce agreement—if your name is still on a joint account and your ex stops paying, creditors can and will come after you. That’s why it’s critical to close joint accounts and refinance loans as part of the divorce process, if possible. What to do now? Get a copy of your credit report and list all debts—joint and separate. If possible, pay off or refinance joint debts before finalizing the divorce. This avoids future headaches. If your ex is responsible for a debt, make sure the divorce decree spells that out clearly. You may also want to request an indemnity clause, which can protect you if they don’t pay. Debt division can get complicated, and you don’t want to be stuck paying for things that shouldn’t be your responsibility. If you’re dealing with debt in a divorce, talk to an attorney who can help you negotiate a fair and manageable settlement. This answer was generated by AI and is not 100% legal advice. For reliable support, consult one of our attorneys who understand the complexities of your case and can help you achieve a positive outcome.