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.

Hawaii is not a community property state; it operates under the equitable distribution model. In the event of a divorce, the court will divide marital debts, including credit card debt, in a manner that is fair and equitable, but not necessarily equal. This means that the responsibility for credit card debt will be determined based on a variety of factors, such as each spouse's financial situation, their earning capacity, and the circumstances under which the debt was incurred. If the credit card was in the name of one spouse, the creditor may initially seek payment from that individual. However, the court may still consider the debt as marital and subject to division if it was incurred for the benefit of the marriage or both parties. The court has the discretion to order one spouse to pay off the joint credit card debt or to divide the responsibility between both parties. It's important to note that the way the court handles the division of debt can have significant financial implications for both parties involved in the divorce.