FlyerTalk Forums - View Single Post - Does UA allow miles from one account to be divided up 50/50 under divorce settlement?
Old Jan 7, 06, 2:15 pm
Join Date: Jun 2004
Programs: united airlines
Posts: 4,923
Originally Posted by Sneezy
I was commenting on the "otherwise by operation of law" clause.

I don't see how that could hold up as a blanket restriction.
How would things be any different if UA had gone no further with its "Rules for the Mileage Plus Program" than to state as they did, "Accrued mileage and certificates do not constitute property of the member."? It seems to me they would be in no way different, and thus "otherwise by operation of law" might be regarded as "surplussage." (We can charge more for the big words.)

If someone dies without leaving a will to say how their property is to be disposed of, then the state will direct the disposition of decedent's property according to the law, that is "by operation of law." UA is underscoring or clarifying "(a)ccrued mileage and certificates do not constitute property of the member" with the following sentence saying they will not be "transferable (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law."

Notwithstanding that mileage is not "transferrable...upon death," others have said that UA does indeed transfer mileage upon death. Whether a court could compel them to do so if they were not so inclined and chose to rely on their "rules" to refuse, I don't know. I would bet that a divorce court could not compel them to divide the miles between the MP+ accounts of divorcing spouses.
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