In very general terms, each party is first awarded his or her separate property. Then the marital estate is divided according to the factors listed above. Finally, the debt is divided. Debt secured by specific property usually is given to the spouse receiving that property. Finally, a spouse will usually receive the debt which that spouse incurred after separation.
Spouses often commingle their marital and non-marital property.
If separate property becomes commingled, it may lose its status and become marital property. This can cause difficult issues for the court. If separate property can be traced easily, the court is more likely to award it to the original spouse. If it cannot be easily traced, the court is less likely to award it as separate property. Even if a court finds the property was once separate but became marital property, the court will consider other property division as part of the equation and look to make an equitable distribution.