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 Alaska, which is a community property state, both spouses are generally considered to own equally all property and debts acquired during the marriage, including credit card debt. This means that in the event of a divorce, credit card debt is typically divided equally between the spouses, regardless of whose name is on the credit card. However, if a credit card was applied for and issued in the name of one spouse only, the creditor may initially seek payment solely from the spouse who is the account holder. During divorce proceedings, the court has the authority to order the sale of community property or require either spouse to pay off the credit card debt as part of the divorce settlement. The specific division of debt can be influenced by various factors, including the ability of each spouse to pay and any agreements made between the spouses. It is important for individuals going through a divorce in Alaska to understand how their credit card debt will be treated and to seek guidance from an attorney to ensure their financial interests are protected.