Who gets frequent flier miles after divorce?

By |2022-04-04T18:09:38+00:0010 May 2013|Categories: Divorce, Family Law, Property Division|

Who gets frequent flier miles after divorce?

Collecting air miles is a popular way to make the most of purchases. In Orange County, California, purchases have corresponding points that can be exchanged for certain rewards such as travel reward miles, which can be used to purchase airplane tickets for vacation.

But what happens to those points during divorce? Some couples collect points together and eventually divorce. Experts agree that reward points should be considered as part of the marital assets, which should be divided up at the end of the marriage.

Luckily, California thinks the same way. As an equitable property state, California considers reward points collected together during the marriage to be marital property. As such, these assets, like any other marital assets, should be counted in property division.

Any points acquired prior to marriage or through the use of personal funds are considered non-marital assets and thus are not subject to equitable division. It is important to understand that those claims may need to be proven.

One issue that most collectors face is the tangibility of reward points. If there is an actual cash value to the points, it is easy to divide them between the two spouses or one of the spouses can buy them from the other spouse. More often than not, airlines and hotels are very vague when it comes to awarding points. That makes it difficult for spouses to set a cash value.

If there is no actual cash value, the best thing to do is to contact the provider directly and have the provider divide up the points. Both parties should reach an amicable distribution of the points and rewards, if possible. This means that cooperation is important to successfully have those rewards shared without any hitches. Once divided, the points can become part of the divorce decree.

Air miles accumulated over years of countless transactions during the course of marriage is considered a prized possession for some. Those who feel strongly about the points may consider consulting a legal professional who has a lot of experience in handling divorces. The legal professional may be able to provide solutions for handling the intricacies of finances, including reward points, during divorce.

Source: Huffington Post, “Divorce air wars,” Stann Givens, April 27, 2013

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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