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 Ohio, 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 aim to divide the debt fairly, though not necessarily equally, based on a variety of factors such as each spouse's financial situation, earning capacity, and the circumstances under which the debt was incurred. The court will also consider whether the credit card debt was used for the benefit of the marriage or for individual purposes. The spouse in whose name the credit card is issued may initially be pursued by the credit card company for payment, but the divorce decree will ultimately determine how the responsibility for the debt is allocated between the parties. It's important for individuals going through a divorce in Ohio to understand that both parties may be held responsible for the repayment of credit card debts, regardless of whose name is on the account.