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.

Kentucky is not a community property state; it is an equitable distribution state. This means that during a divorce, debts and assets are not automatically split 50/50 but are divided in a manner that is deemed fair and equitable by the court. When it comes to credit card debt, if the debt was incurred during the marriage, it is typically considered marital debt and both spouses may be responsible for it, regardless of whose name is on the credit card. The court will look at various factors, such as each spouse's economic circumstances, contributions to the marriage, and the debt's purpose, to determine how it should be divided. The responsibility for credit card debt will be part of the larger financial settlement in the divorce, which may include the division of other debts and assets, spousal support, and other relevant financial matters. It is important for individuals going through a divorce in Kentucky to consult with an attorney to understand how their credit card and other debts will be treated in the divorce proceedings.