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 Arizona, which is a community property state, credit card debt incurred during the marriage is typically considered the joint responsibility of both spouses, regardless of whose name is on the credit card. This means that during a divorce, the court will generally divide all debts acquired during the marriage equally between the spouses. However, if the credit card was obtained before the marriage or after the date of separation, the debt may be considered separate and the responsibility of the spouse who incurred it. When dividing the debt, the court may order the sale of community property or require one spouse to pay off the debt as part of the divorce settlement. It's important to note that while the court's division of debt is binding on the spouses, it does not necessarily affect the credit card company's right to seek repayment from the spouse who originally contracted the debt. Therefore, the spouse in whose name the card was issued may still face collection actions from the creditor, and it is advisable to inform the creditor of the divorce decree and the court's division of debt.