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.

Rhode Island is not a community property state; it is an equitable distribution state. This means that during a divorce, the court will divide marital property, including debts, in a way that is fair but not necessarily equal. Credit card debt incurred during the marriage is typically considered marital debt and responsibility for it will be allocated between the spouses as part of the divorce settlement. The court will consider various factors, such as each spouse's ability to pay, who incurred the debt, and for what purpose. If the credit card was in one spouse's name only, the court may still consider the debt as marital if it was used for the benefit of the marriage. The bank or credit card company can usually only seek payment from the spouse who applied for the card, but the divorce court has the authority to order either spouse to pay the debt, or to sell marital assets to satisfy the debt, depending on the circumstances of the case.