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.

New Hampshire is not a community property state; it is an equitable distribution state. This means that during a divorce, debts and assets are not automatically split 50/50 but are divided in a manner that is deemed fair and equitable by the court. 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 circumstances of the debt and the financial situation of both parties before assigning responsibility for payment. If the credit card is in one spouse's name, that spouse may be primarily responsible for the debt, but the court may still consider it a marital debt if it was used for the benefit of the marriage. Ultimately, the division of credit card debt in a New Hampshire divorce will be based on a fair assessment of the entire financial picture of the marriage.