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.

Oregon is not a community property state; it is an equitable distribution state. This means that during a divorce, debts and assets are not automatically split 50/50. Instead, the court looks to divide marital property and debts in a manner that is fair and equitable, which may not always be equal. Credit card debt incurred during the marriage is typically considered marital debt and responsibility for it must be determined during the divorce proceedings. The court will consider various factors, such as which spouse incurred the debt and for what purpose, the economic circumstances of each spouse, and other relevant considerations to decide how the credit card debt should be allocated. The spouse in whose name the card was issued may not necessarily be solely responsible for the debt. The court has the authority to order either spouse to pay off the joint marital debt, which can include credit card debt, as part of the divorce settlement.