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 York, which is an equitable distribution state rather than a community property state, credit card debt incurred during a marriage is typically considered marital debt and responsibility for it is divided between the spouses upon divorce. The division is not necessarily equal but is determined based on what is fair and equitable, taking into account factors such as each spouse's financial situation, contribution to the debt, and earning capacity. The court will assess the circumstances and decide how to allocate the credit card debt between the parties. It's important to note that while the court can order one spouse to pay a portion of the credit card debt, the credit card company can still seek payment from the spouse whose name is on the account, as they are legally responsible for the debt. An attorney can provide specific guidance on how credit card debt may be handled in a New York divorce.