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 Louisiana, which is a community property state, credit card debt incurred during the marriage is typically considered the responsibility of both spouses, regardless of whose name is on the credit card. This means that during a divorce, both parties may be held responsible for the debt. When a credit card is in one spouse's name only, the creditor may initially seek payment from that individual, but in a divorce proceeding, the court may order that community property be sold to satisfy the debt or may require the other spouse to contribute to the payment of the debt. The division of debt, like the division of assets, aims to be equitable, taking into account factors such as each spouse's financial situation and their ability to pay. It's important for individuals going through a divorce in Louisiana to understand that both assets and debts are part of the community property to be divided upon dissolution of the marriage.