鉴于夫妻分居期间婚姻关系的特殊性,在此期间夫妻一方举债的归属认定在立法上应区别对待,建立起优先适用夫妻约定的原则;在没有有效的夫妻约定的情况下,适用以夫妻个人债务为原则、共同债务为例外的推定规则。 In view of the particularity of the marital relationship during the separation of husband and wife, during this period, the ownership of the debt of one of the spouses should be treated differently in legislation and the principle of preferential application of spouses should be established. In the absence of a valid spouse’s agreement, As the principle, common debt as an exception to the presumption rule.