Divorcing spouses must each complete a form known as a Schedule of Assets and Debts. This form discloses all property and liabilities each party has in case either attempts to hide certain items from the court. The form also helps the court divide marital debt in a fair manner. In many cases, debt can be divided right down the middle with each spouse taking on their fair share of the financial responsibility. However, creditors are under no legal requirement to honor these arrangements and can seek payment of debts from the other spouse if the party responsible for the debt refuses to pay.

In an attempt to avoid problems with debt repayment, some couples agree to pay them off by selling community property. Additionally, the spouse who takes on any marital credit card debt can secure a new credit card solely in their name and transfer their existing debt to that card.

If a party incurs debts after separating, but before the divorce process is complete, they may be solely responsible for paying this amount back. However, if the party used this debt to pay for expenses related to their daily life or to care for their children, the court might require both parties to pay it off.