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.
Wyoming 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 equitably, but not necessarily equally, between the spouses. When it comes to credit card debt, the responsibility for the debt will depend on whose name is on the account and whether the debt is considered marital or separate. If the credit card debt was incurred by one spouse for the benefit of the marriage, it is likely to be considered marital debt and thus subject to division between both parties. However, if the credit card was in one spouse's name and used for non-marital purposes, the court may determine that the debt belongs to that individual spouse. The court will consider various factors to ensure a fair distribution of all marital debts and assets. It's important to note that while the court may assign responsibility for the debt to one spouse, creditors may still pursue the other spouse for payment if their name is associated with the account. An attorney can provide specific guidance on how credit card debt may be treated in the context of a Wyoming divorce.