In a marriage, all assets and debts accrued while the couple is married are considered to be marital property. This includes any debt following purchases made primarily or solely for one partner's benefit, such as a new vehicle or a college education for one of the spouses. The only exception to this rule is if the couple has a prenuptial agreement in place that designates one partner as the sole owner of a specific asset or debt or if one partner receives an asset through inheritance or a gift. In these latter scenarios, the asset or debt is singly-held property and treated the same way as an asset or debt or she held when he or she entered the marriage. When your property is divided during your divorce, it is divided according to the doctrine of equitable distribution. This means that your assets and debts are assigned to you and your partner according to your needs and contributions to the marriage.
How the Court May Divide Your Debt