Credit card debt often plays a significant role in divorce—both as a factor in the cause of the divorce and as an obstacle to dissolving the marriage, as responsibility for the debt must be agreed to by the divorcing spouses or determined by the court.

If the spouses live in a community property state (as opposed to a common law property/equitable distribution state) and the credit card was applied for and issued to only one of the spouses, the bank may only be able to seek payment from the spouse in whose name the card was issued and the credit was extended—but in resolving the divorce case, the court (judge) may order community property sold to pay the credit card debt, or may order the other spouse to pay the credit card debt. Community property states generally include Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

Alabama is not a community property state; it is an equitable distribution state. This means that during a divorce, debts and assets are not automatically split 50/50. Instead, the court will divide marital debt, including credit card debt, based on what is considered fair and equitable to both parties. The responsibility for credit card debt in Alabama will depend on whether the debt is classified as marital or separate. Marital debt is debt incurred during the marriage for joint benefit, and both spouses may be responsible for it. Separate debt, which is debt incurred by one spouse before the marriage or for non-marital purposes, may be the responsibility of that individual spouse. The court will consider various factors, such as each spouse's financial situation, earning capacity, and the purpose of the debt, to determine how to allocate the responsibility for credit card debt upon divorce.