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 Massachusetts, which is not a community property state but rather a common law property or equitable distribution state, credit card debt incurred during a marriage can still be a significant issue in divorce proceedings. When a couple divorces in Massachusetts, the court will divide marital property and debts in a manner that is fair and equitable, but not necessarily equal. This means that even if a credit card is in one spouse's name, the court may consider the debt to be marital and both spouses could be responsible for it, depending on factors such as who incurred the debt and for what purpose. The court will look at the circumstances of each case, including each spouse's ability to pay, their economic circumstances, and their conduct during the marriage, to determine how to allocate credit card debt. It's important for individuals going through a divorce in Massachusetts to understand that responsibility for credit card debt will be part of the larger financial settlement in their divorce, and they may wish to consult with an attorney to navigate this complex issue.