I was in this situation last year. Not long after my million Latin Pass miles posted, my soon to be ex-wife decided she wanted a divorce. It really doesn't matter if miles and points are legally assets, like everything else, they are items to be negotiated.

I gave my wife (written in the legal agreement) enough HHonors points for a week in the Caribbean with the children, and she waived any further interest my miles and points. Hilton requested a copy of the agreement, and set up an HHonors account in her name with the 150,000 points. I had accumulated 90,000 AAdvantage miles in her name (through business credit card spending) which she retained and used for the three tickets.

In the end, it was a small hit to my total miles and point balance, and my children had a great time in Puerto Rico for Presidents week.