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.

Oklahoma 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 in a manner that the court deems fair, though not necessarily equal. Credit card debt that was incurred during the marriage is typically considered marital debt and responsibility for it must be divided between the spouses as part of the divorce proceedings. The court will consider various factors to determine a fair division of this debt, such as the ability of each spouse to pay, who incurred the debt, and for what purpose. If the credit card was in the name of one spouse only, the court may still consider the debt as marital if it was used for the benefit of the marriage. It is important for individuals going through a divorce in Oklahoma to understand that both parties may be held responsible for the repayment of credit card debt, regardless of whose name is on the account.