After the separation, the debts incurred by one of the husband and wife in their own name shall be repaid by themselves if they are not used for daily family life.
In January 2020, the Interpretation of the Supreme People's Court on Issues Related to the Application of Law in the Trial of Cases Involving Debts between Husband and Wife stipulates that:
1. The debts incurred by the joint declaration of intention, such as the joint signature of both husband and wife or the subsequent ratification by one of the husband and wife, shall be recognized as joint debts of husband and wife.
2. The people's court shall support the creditor's claim on the ground that the creditor claims the rights of the debt incurred by one of the husband and wife in their personal name for the daily needs of the family during the marriage relationship.
3. The people's court will not support the creditor's claim for the creditor's rights on the ground that the debt is a joint debt of the husband and wife when one of the husband and wife bears debts in his or her personal name that exceed the needs of the family's daily life during the existence of the marriage relationship, except that the creditor can prove that the debt is used for the husband and wife's common life, production and operation, or based on the joint intention of the husband and wife.