The courts assign debt based on several factors, including your personal financial situation, and your future earning potential, compared to that of your ex-partner. This sometimes results in one spouse being assigned outstanding debt that they didn’t actually have anything to do with.
For instance, if you earn significantly more money than your ex-spouse, you may be assigned debt from loans and credit cards that aren't even in your name. On top of that, even if the court assigned a certain debt to your ex-spouse, banks and other loaning institutions can take collection action against you if you were ever a co-signer and your former partner doesn't make payments.
Divorce settlements are considered private contracts and they DO NOT protect you from credit institutions seeking to enforce the terms of their contract with you.
The court will also take into account your relationship history and financial history when assigning debt. If your spouse worked and supported you while you got your education, you may be assigned a certain amount of debt they amassed during that period. The courts do try to be fair to both parties, but sometimes they get it wrong, or your ex-spouse lies, or the documents used for evidence show incorrect numbers. That is why working with an experienced family law attorney is essential to ensuring the best possible outcome during a divorce.