Whether it is before or after divorce, the nature of the debt depends on how to deal with the debt when both parties cannot negotiate. If it is a joint debt of husband and wife, even if they have divorced, both parties still bear joint and several liability for the debt. If it is a personal debt, even if there is no divorce, it is still a debt of the debtor, and the spouse has no obligation to repay. So, how to distinguish the joint debt of the husband and wife and the personal debt of one spouse. According to the provisions of Article 41 of the Marriage Law of our country, the debts originally borne by the husband and wife for their common life at the time of divorce should be paid together. In addition, the debts incurred by the husband and wife in their joint production and business activities, as well as the debts agreed in the husband and wife agreement as joint debts, are the joint debts of the husband and wife to be paid by both of them. However, one party's premarital debts and debts guaranteed for others, or illegal debts such as gambling and drug abuse, should be recognized as personal debts, which should be repaid by the debtor himself.