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 Florida, which is an equitable distribution state, not a community property state, credit card debt incurred during the marriage is typically considered marital debt and responsibility for it is divided between the spouses during a divorce. The division is not necessarily equal but is determined based on what is fair and equitable, considering factors such as each spouse's financial situation, earning capacity, and contributions to the marriage. If a credit card is in one spouse's name only, the court will consider whether the charges benefited the marriage when deciding how to allocate the debt. The court may order one spouse to pay off the debt, or it may divide the responsibility between both spouses. It's important to note that while the court's order binds the spouses, it does not alter the contractual agreement with the credit card company, which means the company can still seek payment from the spouse who originally contracted the debt. Therefore, it is advisable for individuals going through a divorce in Florida to consult with an attorney to understand how credit card debt will be handled in their specific case.