When couples divorce, they should not only divide their common property, but also divide and pay off their debts. At this time, it is necessary to define the husband and wife's debt. In the case that the husband and wife's debt belongs to the joint debt of the husband and wife, both parties should bear the responsibility of paying off. Article 41 of the Marriage Law stipulates that at the time of divorce, the debts originally borne by the husband and wife for their common life shall be paid together. If the joint property is insufficient to pay off, or the property belongs to each other, both parties shall agree to pay off; If the agreement fails, the people's court shall make a judgment. Therefore, the joint debt of husband and wife is the debt that one or both of the husband and wife bear for the purpose of living together. The Specific Opinions of the Supreme People's Court on Dealing with the Problem of Property Division in the Trial of Divorce Cases stipulates that:
 (1) The debts agreed by the husband and wife to be borne by themselves, except for the purpose of avoiding debts.
 (2) Without the consent of the other party, one party subsidizes the debts with relatives and friends who have no obligation to support.
 (3) If one party independently raises funds to engage in business activities without the consent of the other party, its income is really not used for the debts incurred by the common life.
 (4) Other debts that should be borne by individuals. In addition, they are joint debts of husband and wife.