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 Mississippi, which is not a community property state but rather an equitable distribution state, credit card debt incurred during the marriage is typically considered marital debt and responsibility for it must be divided equitably between the spouses upon divorce. This means that the court will look at various factors to determine a fair division of debt, rather than an automatic 50/50 split. Factors can include each spouse's income, the reasons the debt was incurred, and who benefited from the debt. The court may order one spouse to pay off certain debts or may divide the responsibility between both parties. It's important to note that while the court can assign responsibility for the debt between the spouses, the credit card company can still seek payment from the spouse who contracted the debt if it was in their name only. Therefore, the spouse ordered to pay the debt in the divorce decree should ensure that the debt is paid to avoid affecting the credit of the other spouse.