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 Colorado, which is not a community property state but rather an equitable distribution state, credit card debt incurred during the marriage is typically considered marital debt and responsibility for it must be divided equitably, but not necessarily equally, between the spouses upon divorce. This means that the court will look at various factors to determine a fair division of debt, which may include the ability of each spouse to pay, who incurred the debt, and for what purpose. The court may order one spouse to pay off certain debts or may divide the responsibility between both parties. It's important to note that the division of debt in a divorce is separate from the contractual obligations to the credit card company; a creditor can still seek payment from the spouse who applied for and is named on the credit card, regardless of the divorce decree. Therefore, it's advisable for individuals going through a divorce in Colorado to address credit card debt proactively and to consult with an attorney to understand how their financial obligations may be affected by the divorce.