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 Idaho, which is a community property state, both spouses are generally considered to own equally all property and debt acquired during the marriage, regardless of whose name is on the account. This means that in the event of a divorce, credit card debt that was incurred during the marriage is likely to be divided equally between the spouses, even if the credit card was only in one spouse's name. However, the court has the discretion to order a different division based on the circumstances of the case. The court may order the sale of community property or require one spouse to pay the credit card debt as part of the divorce settlement. It's important to note that while the court can decide how to divide the debt between the spouses, the credit card company can still seek payment from the spouse who applied for and is named on the credit card, as they are the one who legally contracted with the credit card company. An attorney can provide specific advice on how credit card debt may be treated in an individual divorce case in Idaho.