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 Washington State, which is a community property state, credit card debt incurred during the marriage is typically considered the responsibility of both spouses, regardless of whose name is on the credit card. This means that during a divorce, the court may order that the debt be paid from the sale of community property or may allocate the debt between the spouses. The court will consider various factors to determine a fair division of all marital debts and assets. It's important to note that while the court can assign responsibility for the debt between spouses, the credit card company can still seek payment from the spouse who originally contracted the debt, as they are not bound by the divorce decree. Therefore, it is advisable for individuals going through a divorce in Washington to address credit card debt explicitly in their divorce settlement to avoid future legal complications.