Email to Attorney, we'll see if she agrees.

Here are the terms and conditions for Marriott Points.

http://www.marriott.com/rewards/term....mi#conditions



If you look at point 3 under conditions for enrollment, is states:

Accrued points and miles do not constitute property of the member. Points accrued by a Marriott Rewards member are for the member's benefit only and may not be transferred to anyone. Points are transferable to a legal spouse or partner only in the case of documented death of the member. Points are not transferable to another person for any other reason, including divorce or inheritance.

If I read that correctly, I am not the owner of the points and therefore have no ability to negotiate the points in a divorce proceeding. In other words, it should be handled just like my Lifetime Gold Status with Marriott, where I get certain perks and discounts for being a Lifetime Gold Member. This can't be negotiated in a divorce proceeding as a status can't be transfered or used by an ex-partner and there are no tangible assets, but there are still perks for the status. I believe Marriott's terms indicate the points are simply a benefit to the member but owned by Marriott and have no direct value to the member as they are not the member's assets. Marriott has the right revalue the benefit or terminate the program at anytime, so even placing a value on them is only at the whim of Marriott deciding to keep the program as it stands today.


Similar wording is used for United Mileage Plus miles per their terms and conditions:

http://www.united.com/page/article/0,6722,1155,00.html


Accrued mileage and certificates do not constitute property of the member. Neither accrued mileage nor certificates are transferable (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law.


If my spouse or her attorney bring the points into negotiations, I think we can argue that these points are not to be part of the divorce proceedings as they are benefits allowed by Marriott and UAL and not assets owned by me.
I don't plan on listing them as part of our material asset, based on these statements.