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 Nebraska, which is not a community property state but rather an equitable distribution 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 look at various factors to determine a fair division of debt, rather than an automatic 50/50 split. Factors may include each spouse's economic circumstances, the reason the debt was incurred, and who benefited from the debt. The court may order one spouse to pay off a certain portion of the credit card debt or may divide the responsibility for the debt between both spouses. It's important to note that while the court can order one spouse to pay a debt, the creditor can still seek payment from the spouse whose name is on the account if the debt is not paid. Therefore, it is advisable for individuals going through a divorce to close joint accounts and to work with an attorney to ensure that the division of debt is addressed properly in the divorce decree.