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 Virginia, which is an equitable distribution state, not a community property state, credit card debt incurred during the marriage is typically considered marital debt and responsibility for it must be divided between the spouses upon divorce. The division is not necessarily equal but is based on what the court deems fair, considering various factors such as each spouse's financial situation, their contributions to the marriage, and the reasons for incurring the debt. If a credit card is in one spouse's name only, the creditor may pursue that individual for payment, but the court may still consider the debt as marital and assign responsibility for payment to either or both parties in the divorce settlement. It is important for divorcing spouses in Virginia to understand how their credit card debt will be treated and to come to an agreement or be prepared for the court's decision regarding the division of this debt.