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 Dakota is not a community property state; it is an equitable distribution state. This means that during a divorce, credit card debt and other liabilities are divided equitably, but not necessarily equally, between the spouses. The court will consider various factors to determine a fair division of debt, such as the ability of each spouse to pay, who incurred the debt, and for what purpose. If a credit card is in one spouse's name only, that spouse may be primarily responsible for the debt, but the court could still decide that the other spouse must share in the responsibility, especially if the debt was incurred for the benefit of the marriage or both parties. It's important to note that while the court's division of debt is binding on the spouses, it does not necessarily alter the creditor's right to seek repayment from the spouse who originally contracted the debt. An attorney can provide specific guidance on how credit card debt may be treated in a South Dakota divorce.