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.

Delaware is not a community property state; it is an equitable distribution state. This means that during a divorce, debts and assets acquired during the marriage are divided in a manner that is fair, but not necessarily equal. Credit card debt, therefore, will be subject to division based on a variety of factors, including who incurred the debt and for what purpose. If the credit card debt was incurred by one spouse for the benefit of the marriage, it is likely to be considered marital debt and both spouses may be responsible for it. However, if the credit card was in one spouse's name and used for their individual benefit, the court may assign the responsibility for that debt to that spouse. The court will consider the circumstances of each case to determine how credit card debt should be allocated between the divorcing spouses.