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.

South Carolina is not a community property state; it is an equitable distribution state. This means that during a divorce, debts and assets acquired during the marriage are divided fairly, but not necessarily equally, between the spouses by the court. Credit card debt that was incurred during the marriage is typically considered marital debt and is subject to division. The court will look at various factors to determine a fair division of this debt, such as the purpose of the debt, who incurred it, and who benefited from it. If a credit card was issued in one spouse's name, the creditor may pursue that individual for payment, but the court may still consider the debt as marital and assign responsibility for payment to either spouse as part of the divorce settlement. It's important for individuals going through a divorce in South Carolina to understand that the division of credit card debt will be based on the principles of equitable distribution rather than community property rules.