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.

In Pennsylvania, which is an equitable distribution state rather than a community property state, credit card debt incurred during a marriage is typically considered marital debt and responsibility for it must be divided equitably, but not necessarily equally, between the spouses upon divorce. This means that the court will consider various factors to determine a fair distribution of debt, which may include each spouse's income, earning potential, and contributions to the marriage. The name on the credit card account may influence who is legally responsible to the creditor, but for the purposes of the divorce, both spouses may be deemed responsible for the debt. If the credit card was applied for and issued in one spouse's name, the creditor may initially seek payment from that individual, but the divorce court has the authority to order either spouse to pay the debt or to sell marital assets to satisfy the debt. It's important to note that the division of debt in a divorce is separate from the creditor's right to collect from the person whose name is on the account.