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.

Montana is not a community property state; it is an equitable distribution state. This means that during a divorce, debts and assets acquired during the marriage are divided equitably, but not necessarily equally, between the spouses. When it comes to credit card debt, the responsibility for the debt will depend on various factors, including whose name is on the account and whether the debt was incurred for joint marital expenses or personal expenses. The court will consider the contributions of each spouse to the marriage, the economic circumstances of each spouse, and other relevant factors to determine a fair division of debt. If the credit card was in one spouse's name, the bank may initially seek payment from that spouse, but the divorce court may ultimately decide that both spouses are responsible for the debt, depending on the circumstances. An attorney can provide specific guidance based on the details of the case and Montana's laws.