Handling Miles in a divorce?
Jun 19, 2002 | 11:46 am
#47
Join Date: Jun 2000
Location: Groveland, FL, USA
Programs: Starriot LTP, UA Silver, HHonors Diamond, Hyatt Discoverist
Posts: 1,097
<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by ChrisR:
When it comes time to cut the cord, all you have to worry about is how to divide up the debt!</font>
When it comes time to cut the cord, all you have to worry about is how to divide up the debt!</font>
Jun 19, 2002 | 1:55 pm
#48
Join Date: Apr 1999
Location: Northport, NY
Programs: Advantage 4MM
Posts: 1,742
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.
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.
Jun 19, 2002 | 6:18 pm
#49
Join Date: Oct 2001
Location: LAX (Temporarily in ORD)
Posts: 591
Having no relevant legal background or experience in divorses, I'm not going to venture a guess as to how miles should be handled. However, I do find it amusing that so many of the users here are assuming that the "friend" is the person with the miles (husband).
cnk
cnk
Jun 19, 2002 | 7:53 pm
#50
A FlyerTalk Posting Legend
Join Date: Dec 2000
Location: Potomac Falls, VA
Programs: AA Plat 2MM, MR Gold, Avis Pref
Posts: 41,109
It was the husband as most of us assumed
johnndor
Posts: 729
From: MCI
Registered: Feb 2000
posted 06-19-2002 07:12 AM
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.
johnndor
Posts: 729
From: MCI
Registered: Feb 2000
posted 06-19-2002 07:12 AM
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.
<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by cnk:
Having no relevant legal background or experience in divorses, I'm not going to venture a guess as to how miles should be handled. However, I do find it amusing that so many of the users here are assuming that the "friend" is the person with the miles (husband).
cnk</font>
Having no relevant legal background or experience in divorses, I'm not going to venture a guess as to how miles should be handled. However, I do find it amusing that so many of the users here are assuming that the "friend" is the person with the miles (husband).
cnk</font>
Jun 19, 2002 | 8:49 pm
#51
Join Date: Oct 2001
Location: LAX (Temporarily in ORD)
Posts: 591
<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by TrojanHorse:
It was the husband as most of us assumed
</font>
It was the husband as most of us assumed
</font>
Jun 20, 2002 | 5:08 am
#54
Join Date: Oct 2000
Location: Washington DC; UA Premier Exec, Starwood Gold, Hilton Silver
Posts: 399
"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. "
I found this in the Mileage Plus program rules. Not sure if other programs have something similar. If a divorce is considered a domestic relations matter, the ability to transfer miles seems to be restricted.
[This message has been edited by IAD777 (edited 06-20-2002).]
I found this in the Mileage Plus program rules. Not sure if other programs have something similar. If a divorce is considered a domestic relations matter, the ability to transfer miles seems to be restricted.
[This message has been edited by IAD777 (edited 06-20-2002).]
Jun 20, 2002 | 6:35 am
#55
Senior Moderator; Moderator, Flyertalk Cares
Join Date: Jun 1999
Location: Fulltime travel/mostly Europe
Programs: UA 1.7 MM;; Accor & Marriott Pt; Hyatt Globalist
Posts: 17,927
If I were the wife in this case, I would certianly ask my attorney about the possibility of counting future miles the husband earns on business as part of his total compensation package. I'd want to know if I weren't also entitled to a share of those (or comparable $) as part of my alimony and child support. I would think she could argue that if he earns $X worth of miles a year, that's part of his salary and therefore she's entitled to a cut. May not fly, but worth asking about.
Jun 20, 2002 | 7:55 am
#56
Join Date: Mar 2000
Location: EU rotating
Posts: 2,926
<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by wideman:
Currently tied for 3rd place are hfly and pointsgirl, who are both clueless about marital assets.........Wideman</font>
Currently tied for 3rd place are hfly and pointsgirl, who are both clueless about marital assets.........Wideman</font>
Why grade badly people who have said nothing bad about you? Why do you find that you are entitled to be the judge, jury and the executioner?
Personal attacks only result in flame wars and a well balanced person like yourself is IMO the last to start one. So, what went wrong? Who or what ticked you off to make such derogative comments about your fellow FT'ers? Why are you asking someone to snap and say not nice things about you?
Jun 20, 2002 | 8:01 am
#57
Original Poster
Join Date: Feb 2000
Location: Mississippi
Programs: AA Lifetime Gold, HH Diamond
Posts: 1,460
Out of curiosity, I emailed AA to see what their "official" position was. Suprisingly, I got the following response back within 24 hours:
Guess I shouldn't be surprised by the fee...
<font face="Verdana, Arial, Helvetica, sans-serif" size="2">In response to your request for information on how to divide AAdvantage miles following a divorce. Here's a summary of what we need in order to proceed:
-A copy of the court-approved Divorce Decree.
-The enclosed Affidavit, after it has been signed by the AAdvantage member whose account is to be debited, and notarized. Please note, either the Divorce Decree or the Affidavit must specify how the miles
and/or upgrades are to be divided.
-Payment to cover the mileage transfer. The service charge is $50.00 USD for every increment of 25,000 miles or less transferred from one AAdvantage account to the account of the former spouse. (For example, if 90,000 miles are being transferred, the fee is $200.) Upgrades may
be transferred at the same time at no charge
Once we receive the necessary items, we will be happy to comply with the request and send confirmation of the mileage transfer. Thank you for your cooperation. </font>
-A copy of the court-approved Divorce Decree.
-The enclosed Affidavit, after it has been signed by the AAdvantage member whose account is to be debited, and notarized. Please note, either the Divorce Decree or the Affidavit must specify how the miles
and/or upgrades are to be divided.
-Payment to cover the mileage transfer. The service charge is $50.00 USD for every increment of 25,000 miles or less transferred from one AAdvantage account to the account of the former spouse. (For example, if 90,000 miles are being transferred, the fee is $200.) Upgrades may
be transferred at the same time at no charge
Once we receive the necessary items, we will be happy to comply with the request and send confirmation of the mileage transfer. Thank you for your cooperation. </font>
Jun 20, 2002 | 8:43 am
#58
A FlyerTalk Posting Legend
Join Date: Dec 2000
Location: Potomac Falls, VA
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Posts: 41,109
This is the best one yet!!!
LMAO
LMAO
<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by letiole:
If I were the wife in this case, I would certianly ask my attorney about the possibility of counting future miles the husband earns on business as part of his total compensation package. I'd want to know if I weren't also entitled to a share of those (or comparable $) as part of my alimony and child support. I would think she could argue that if he earns $X worth of miles a year, that's part of his salary and therefore she's entitled to a cut. May not fly, but worth asking about. </font>
If I were the wife in this case, I would certianly ask my attorney about the possibility of counting future miles the husband earns on business as part of his total compensation package. I'd want to know if I weren't also entitled to a share of those (or comparable $) as part of my alimony and child support. I would think she could argue that if he earns $X worth of miles a year, that's part of his salary and therefore she's entitled to a cut. May not fly, but worth asking about. </font>
Jun 20, 2002 | 9:32 am
#59
Original Member
Join Date: May 1998
Location: Reno, NV (RNO)
Programs: AA LT Platinum, AS, UA Premier Silver, DL, HHonors Gold, Marriott LT Titanium, Hyatt, IHG Platinum
Posts: 4,723
Wow! AA's response suggests that upgrades can also be part of a divorce decree. That is another item that needs to be considered.
Jun 20, 2002 | 10:59 am
#60
In Memoriam
Join Date: Apr 2001
Location: dallas texas usa
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Posts: 14,828
this thread may be near the end, so i won't mind going sort of off topic.
the last time we had our wills updated, we added that ff mi's were part of the estate.
as for value , i just got a daughter a round trip lga-dfw in first. i'm going to guess that i would have to paid ~ $2k or more.
i think she should get the mi's
the last time we had our wills updated, we added that ff mi's were part of the estate.
as for value , i just got a daughter a round trip lga-dfw in first. i'm going to guess that i would have to paid ~ $2k or more.
i think she should get the mi's