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 North Carolina, which is an equitable distribution state rather than a community property state, credit card debt incurred during a 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 consider various factors to determine a fair division of debt, rather than an automatic 50/50 split. The court will look at who incurred the debt and for what purpose, the ability of each spouse to pay, and other relevant economic circumstances. The name on the credit card account may influence responsibility, but it is not the sole determining factor. The spouse who did not contract for the debt may still be held partially responsible if the debt was incurred for the joint benefit of the marriage. It is important for individuals going through a divorce in North Carolina to understand that the division of debt will be based on fairness and the specifics of their situation, rather than the equal division rule of community property states.