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Handling Miles in a divorce?

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Old Jun 20, 2002, 11:02 am
  #61  
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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 [ i'm talking about the home maker].



[This message has been edited by clacko (edited 06-20-2002).]
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Old Jun 20, 2002, 11:23 am
  #62  
 
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I don't know the legalities, but I would think that they should not be divided. They cannot even legally change hands. They must stay in the hands of whose name is on the account.
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Old Jun 20, 2002, 11:27 am
  #63  
 
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<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by nsx:
If I were a judge, I'd let the two sides bid for a buyout of the other to establish the value of any asset, including FF miles. Simple, really. If one side wanted to claim they have no value, I'd agree and order them transferred to the other side with zero dollar credit to the donor of the miles. As you can see, I have a low tolerance for tricky and dishonest legalisms. (This *proves* that I'm not a lawyer.)
</font>
OK, here is a question. How exactly do you "transfer" them to the other side when they are, by definition, non-transferable? I think by common sense rules, if you have an item that is non-transferable and cannot have a dollar sign applied to it, then it should remain where it is. And besides, the person who sat on the flights is the one that earned them, not the other way around. I dont think miles should be in the same category as a savings account.
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Old Jun 20, 2002, 11:27 am
  #64  
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quinella -

Actually, AA, Delta and NW will all legally transfer miles if part of a divorce settlement.
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Old Jun 20, 2002, 11:29 am
  #65  
 
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<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by johnndor:
quinella -

Actually, AA, Delta and NW will all legally transfer miles if part of a divorce settlement.
</font>
Really? That is news to me. Thankfully I have never had to learn that the hard way.
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Old Jun 20, 2002, 12:48 pm
  #66  
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Trojan horse wrote:
<font face="Verdana, Arial, Helvetica, sans-serif" size="2">This is the best one yet!!!</font>
Glad I humored you. Somehow I suspect no one would ever want to be involved in a divorce with me ... you can bet I'd fight for those future miles as if they were future income.
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Old Jun 20, 2002, 3:45 pm
  #67  
 
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<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by quinella66:
And besides, the person who sat on the flights is the one that earned them, not the other way around</font>
You could say the same thing about income. "The person who went to work every day is the one that earned the money"
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Old Jun 20, 2002, 4:11 pm
  #68  
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Letiole I don't know if you are married or not, but all FT'ers consider yourself warned LOL

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by letiole:
Trojan horse wrote:
Glad I humored you. Somehow I suspect no one would ever want to be involved in a divorce with me ... you can bet I'd fight for those future miles as if they were future income.
</font>
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Old Jun 22, 2002, 10:15 am
  #69  
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Let's assume that the divorce will be a civil one and that the parties want to seek an equitable division of the marital assets.

The easiest way to handle it would be for the one with the miles to sign an agreement that tickets will be issued at the request of the one without miles up to the 50% of the total miles available at the time of divorce (or at a suitable point in time).

This makes it better for both parties, so that the one with status can have the tix or certificates issued with the greater leverage. Being EXP with a boyfriend who is GLD, I am the one buying a tickets for his family all the time--from my account it is a breeze.

The "Unexpected Legacy of Divorce" by Wallerstein is a good read on the consequences of divorce. I'd recommend it to all parties in the situation.
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Old Jun 22, 2002, 10:55 am
  #70  
 
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<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by chipper:
Let's assume that the divorce will be a civil one and that the parties want to seek an equitable division of the marital assets.</font>
If they could be civil about it, they probably wouldn't be getting a divorce in the first place.



[This message has been edited by Always Flyin (edited 06-22-2002).]
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Old Jun 22, 2002, 5:32 pm
  #71  
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<font face="Verdana, Arial, Helvetica, sans-serif" size="2">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.) </font>
OK, just so this thread can now run another 50 posts.

Say there are 1,000,000 AA miles in the name of John Does here. John says they have no value for tax or on the airline books. Judy Doe and her attorney want half of them.

WHO pays the $1,000 transfer fee AA will demand?



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~ Glen ~
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Old Jun 22, 2002, 6:57 pm
  #72  
 
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<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by chipper:
The easiest way to handle it would be for the one with the miles to sign an agreement that tickets will be issued at the request of the one without miles up to the 50% of the total miles available at the time of divorce (or at a suitable point in time). </font>
If you recommended that to your client, Chipper, it would be grounds for a legal malpractice case.
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Old Jun 22, 2002, 10:24 pm
  #73  
 
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<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by ozstamps:
OK, just so this thread can now run another 50 posts.

Say there are 1,000,000 AA miles in the name of John Does here. John says they have no value for tax or on the airline books. Judy Doe and her attorney want half of them.

WHO pays the $1,000 transfer fee AA will demand?



</font>
Easy, split by both parties. No different than if you had to pay a real estate commission to sell a house, pay court or arbitration fees for the divorce, etc.

Jeff
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Old Jun 23, 2002, 12:10 am
  #74  
 
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<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by emaij:
If you recommended that to your client, Chipper, it would be grounds for a legal malpractice case.</font>
Why?
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Old Jun 23, 2002, 12:27 am
  #75  
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<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Easy, split by both parties. No different than if you had to pay a real estate commission to sell a house, pay court or arbitration fees for the divorce, etc.</font>
But a house has a tangible value and MUST be sold - no one argues that. This is a case where a guy has something valued at ZIPPO even by IRS and wife demands half of that zippo. And he then gets whacked $500 cash so she gets half of zippo?

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