Whether before or after divorce, in the case that the two parties cannot negotiate a settlement, how to deal with the debt depends on the nature of the debt. If it is a joint debt of husband and wife, both parties will still bear joint and several liability for the debt even if they have divorced.
 If it is personal debt, even if there is no divorce, it is still the debt of the debtor, and the spouse has no obligation to repay.
 So how to distinguish the joint debt of husband and wife and the personal debt of one spouse?
 According to the relevant provisions of the Marriage Law of our country and its judicial interpretation, the debts originally borne by the husband and wife in their common life should be repaid together at the time of divorce. In addition, the debts incurred by the husband and wife in their joint production and business activities and the debts agreed as joint debts by the husband and wife in the relevant agreements are joint debts of the husband and wife. It shall be paid by both husband and wife.
 The debts of one party before marriage, debts guaranteed for others, debts incurred by illegal and criminal activities such as gambling and drug taking, debts of personal debts agreed by the debtor and the creditor as one party, and debts agreed by the husband and wife to bear their own debts and the creditor knows the agreement are generally recognized as personal debts. Repayment shall be made by the debtor himself.
 Legal basis:
 Article 41 of the Marriage Law of the People's Republic of China
 [Joint debts] At the time of divorce, the debts originally borne by the husband and wife in 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.
 Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
 （2） Supplementary Provisions of
 Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
 （2） On the basis of Article 24, two paragraphs are added as the second and third paragraphs respectively:
 If one of the husband and wife colluded with a third person to make up debts and the third person claimed rights, the people's court will not support it.
 The people's court will not support the third person who claims the rights of the debt incurred by one of the husband and wife in illegal and criminal activities such as gambling and drug abuse.