1, the credit card debt of the couple divorced, first determine the nature of the debt. If it belongs to the joint debt of husband and wife, even if both parties have divorced, they should pay off with joint property; But if it belongs to one party's personal debt, the other party has no obligation to pay it off.
2. Legal basis: Article 1089 of the Civil Code of People's Republic of China (PRC).
At the time of divorce, the joint debts of husband and wife are paid off by both parties. If the joint property is insufficient to pay off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.
Second, what should both husband and wife pay attention to in divorce debt?
1. If the joint property of both parties is insufficient to pay off, or the property belongs to each other, or the joint debt has not expired at the time of divorce, and one or both parties are unwilling to pay off in advance, the two parties shall agree to determine their respective shares in the joint debt. In this case, the debt settlement agreement between the two parties, except for the creditor's consent and exemption from joint liability, only has internal effect, but it is the debt share agreed by both parties and has no external effect. After divorce, creditors are still joint debts, and creditors still have the right to claim rights from both men and women for the joint debts of husband and wife;
2. If both parties fail to reach an agreement, the people's court shall make a judgment. According to the economic situation and ability of both parties and the principle of caring for wives and directly raising children, the court ruled that both parties should bear debts in a certain proportion or let the party with strong economic ability bear debts alone. In this case, the court's judgment determines the share of debt shared by both parties, which has only internal effect. Therefore, it cannot be considered that the judgment of the court has the certainty of changing joint and several debts into joint and several debts. If the judgment, ruling or conciliation statement of the people's court has dealt with the problem of husband and wife, the creditor still has the right to claim rights from both men and women for the joint debt of husband and wife.