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.

Minnesota 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. Instead, the court will divide marital debt, including credit card debt, in a manner that is fair and equitable, but not necessarily equal. The court will consider a variety of factors, such as the length of the marriage, the income and property of each spouse, any prior marriages, and any agreements the spouses may have made. If a credit card is in one spouse's name, the court may still consider the debt as marital debt if it was incurred for joint marital expenses or to support the household. The responsibility for credit card debt will be determined as part of the divorce settlement, and the court may order one spouse to pay off the debt, or it may be divided between both spouses. An attorney can provide specific guidance on how credit card debt is likely to be treated in a Minnesota divorce.