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 Connecticut, which is not a community property state but rather an equitable distribution state, credit card debt incurred during a marriage is typically considered marital debt and responsibility for it must be divided during a divorce. The division is not necessarily equal but is based on what the court deems fair and equitable, taking into account factors such as each spouse's financial situation, earning capacity, and the circumstances under which the debt was incurred. The court will decide who is responsible for paying off the credit card debt, and it may order one spouse to pay it off, both spouses to share the responsibility, or require the sale of marital assets to cover the debts. Credit card companies can generally seek payment from the spouse who applied for and used the credit card, but the divorce decree will ultimately determine how the debt is allocated between the spouses.