Wow - Thanks everyone for all of the responses. Of course, some people have very strong opinions one way or another. I purposefully withheld details at the beginning so as not to bias the responses. Now that many have had their say, let me add:

The wife, who was/is a stay-at-home mom to care for 3 kids (one of whom is mentally handicapped) had been married for over 15 years. The husband was confronted and admitted to an affair, but did not want to end the affair or the marriage. Wife files for divorce and kicks husband out of house. Wife knows that husband has earned many miles (worth much in terms of future airline tickets) and wants part of the miles. She was home taking care of the family while he was out earning salary and miles. She probably doesn't care about Gold status or whatever.

Husband has made an offer of "paying" for a ticket to Italy for wife, instead of half the miles. (I don't know how many miles are in question, but it looks like he will have to declare what he has...)

I was just curious as to what everyone thought about the whole idea... of course, actual valuation of the miles or how to split them up is another question. Some pograms could make it vey easy to split a balance 50-50, some will make it very difficult.

Finally, I will quote one of my favorite professors who told me "Free advice is usually worth what you paid for it." The value for me comes from the debate, and the differrent issues that people bring to light. Of course, I would never take (or except others to take) advice given here on such an important matter without consulting with a competant, trusted attorney.

Should miles be included in pre-nups? That depends in part if you believe in pre-nups, which is a whole 'nother ball-game.