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.

Illinois is not a community property state; it is an equitable distribution state. This means that during a divorce, credit card debt and other liabilities are divided equitably, but not necessarily equally, between the spouses. The court will consider various factors to determine a fair division of debt, such as each spouse's financial situation, earning potential, and the circumstances under which the debt was incurred. If the credit card was in the name of one spouse, that does not automatically mean the other spouse is free from responsibility for the debt. The court may assign responsibility for the debt to either spouse or both, depending on the specifics of the case. It is important for individuals going through a divorce in Illinois to understand that the division of debt will be based on what is fair and equitable, rather than an automatic 50/50 split.