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 Georgia, 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 based on what the court deems fair and equitable, taking into account various factors such as each spouse's financial situation, earning capacity, and the circumstances under which the debt was incurred. If the credit card was in one spouse's name, the creditor may initially seek payment from that individual, but the divorce court can order the other spouse to pay a portion or all of the debt if it is considered marital debt. It's important to note that the creditor's rights are separate from the divorce proceedings, meaning the creditor can pursue collection from the spouse who contracted the debt regardless of the court's division of debt responsibility.