New York law draws a clear distinction between marital debt and separate debt. Generally, marital debt includes financial obligations incurred by either spouse during the marriage that benefited the couple or household, regardless of whose name is on the account. This might include joint credit cards, mortgages, car loans, or medical bills for shared family needs. In contrast, separate debt refers to obligations taken on before the marriage or after separation and used solely by one spouse. However, things can become more complicated when separate and marital debts overlap. For example, a debt may begin as separate but later benefit the household, potentially making it subject to equitable distribution.
Property Division