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 Wisconsin, which is a community property state, both spouses are generally considered to own equally all property acquired during the marriage, regardless of whose name is on the title. This includes debts such as credit card debt. When a couple divorces in Wisconsin, the court will typically divide all marital property and debts 50/50, unless such a division would be unfair or inequitable. If a credit card was obtained by one spouse during the marriage, the debt may be considered community property, and both spouses could be held responsible for it. However, the court has the discretion to order one spouse to pay off the credit card debt, or to order the sale of community property to satisfy the debt. It's important to note that while the court can assign the debt to one spouse, the credit card company may still seek payment from the spouse who originally contracted the debt, unless the creditor agrees to hold only the assigned spouse liable. Therefore, it is crucial for divorcing spouses to address credit card debt explicitly in their divorce decree to avoid future legal complications.