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 New Jersey, which is an equitable distribution state rather than a community property state, credit card debt incurred during the marriage is typically considered marital debt and responsibility for it is divided between the spouses during a divorce. The division is not necessarily equal but is based on what is considered fair and equitable by the court, taking into account various factors such as the length of the marriage, the income and economic circumstances of each spouse, and who incurred the debt and why. If the credit card was in one spouse's name only, the creditor may initially seek payment from that spouse, but the court may still consider the debt as marital and assign responsibility for payment to either or both spouses as part of the divorce settlement. It's important for individuals going through a divorce in New Jersey to understand that the division of credit card debt will be handled according to principles of equitable distribution, and they may wish to consult with an attorney to navigate this process.