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 California, which is a community property state, credit card debt incurred during the marriage is typically considered a joint debt, meaning both spouses may be held responsible for it. This applies even if the credit card was only in one spouse's name. During a divorce, the court will determine how to divide the responsibility for this debt. The court may order the sale of community property to pay off the credit card debt or may assign the responsibility to one or both spouses. It's important to note that while the court can assign payment responsibilities, the credit card company may still pursue the spouse whose name is on the account. Therefore, it's crucial for divorcing spouses to address credit card debt explicitly in their divorce agreement to avoid future financial disputes.