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.

North Dakota is not a community property state; it is an equitable distribution state. This means that during a divorce, credit card debt and other liabilities are divided equitably, but not necessarily equally, between the spouses. The court will consider a variety of factors to determine a fair division of debt, including who incurred the debt and for what purpose. If the credit card debt was incurred by one spouse and is considered separate debt (for example, if it was incurred before the marriage or for non-marital purposes), that spouse may be solely responsible for it. However, if the debt was incurred during the marriage and for the benefit of the marriage (marital debt), both spouses may be held responsible for it. The court will make a determination based on the specifics of the case, and it may order one spouse to pay off the debt, or it may order the sale of marital property to satisfy joint debts. It's important for individuals going through a divorce in North Dakota to consult with an attorney to understand how their credit card debt may be treated in the divorce proceedings.