How do the courts deal with debt fairly in divorce when a couple’s debts outweigh their assets. This is rarely as simple as splitting the debt 50-50. The court will consider all the debt including all credit cards, loans, and anything that has accumulated since the date of the marriage, and try to offset the debt with the assets. The court will also look at the earning capacity of each party, each party’s age, and their health. After considering all these factors, then the court will come to as equitable (not equal) a split as possible.