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 Nevada, which is a community property state, credit card debt incurred during the marriage is typically considered the joint responsibility of both spouses, regardless of whose name is on the credit card. This means that during a divorce, the court will generally divide all marital debts, including credit card debts, equally between the spouses. However, if a credit card was applied for and issued in the name of one spouse only, the credit card company may initially seek payment solely from the spouse who is the account holder. Nevertheless, in the divorce proceedings, the judge has the authority to order the sale of community property or require the other spouse to contribute to the payment of the credit card debt, to ensure that debts are equitably settled as part of the dissolution of the marriage. It's important to note that the specifics of how credit card debt is handled can vary based on the circumstances of the divorce and the discretion of the court.