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Does UA allow miles from one account to be divided up 50/50 under divorce settlement?

Does UA allow miles from one account to be divided up 50/50 under divorce settlement?

 
Old Jan 9, 06, 2:31 pm
  #46  
 
Join Date: Sep 2004
Location: Probably on the phone with you.
Programs: The opinions I express here are mine alone and do not necessarily reflect those of United or Mileage
Posts: 155
His lawyer was compelled to reason that the "standard value of MP miles" was the price of purchase through ualmiles.com, which amounted to roughly $2500 at the time...and he argued I should write that off his back child support. The judge agreed with my lawyer, and said that he was reluctant to allow the wording in the decree in the first place, given the rules of the program.

MP NEVER would have transferred the miles to his account anyway, we don't do that. Under any circumstances. EVER.
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Old Jan 9, 06, 7:32 pm
  #47  
 
Join Date: Jan 2000
Location: London; Bangkok; Las Vegas
Programs: AA ExPlat; UA MM Gold; Marriott Lifetime Titanium
Posts: 8,185
I don't know which state you are in, but this issue has been well litigated in California.

The court can value the miles and off-set the value against other assets, or can divide the use of them right down the middle, requiring YOU to obtain the tickets your ex-husband wants with your miles (they obviously have to be available). The order is directed at YOU, not at Mileage Plus.

United cannot take miles away from you at any time unless you violate the rules of program.

Originally Posted by MP Goddess
Still no. Since the judge can't rule that MP has to allow the ex to use their miles, he threw the otsc out. He doesn't *have* a share of them, and neither do I. UA can take them from me (or anyone) at any time for any reason. I assure you, nobody has been jailed or fined for not allowing their ex-spouse to use their MP miles. No matter how hard the ex-spouse (or their lawyer) may try.
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Old Jan 9, 06, 9:39 pm
  #48  
 
Join Date: Mar 2002
Location: Saipan, MP 96950 USA (Commonwealth of the Northern Mariana Islands = the CNMI) [1991 - 2010]; LAS
Programs: Lifetime: UA United Club, AA Admirals Club & Marriott Bonvoy Gold Elite
Posts: 9,461
I agree, MP Goddess got lucky, because the court would have been well within its jurisdiction to order her to obtain tickets for her ex-husband (subject to availability, which could be objectively monitored). If she did not comply, the court could confine her until she did so.

I wonder how many days in jail 120K miles are worth? Who says Mileage Plus miles have no value?

Originally Posted by mimitche
I'm getting married soon and all this talk of splitting miles scares the heck out of me!

I'm truely confused- You can only earn miles for flights you fly; you can't have you wife's miles deposited in your own MP account. Wouldn't that mean the wife keeps any miles she earned in her own account and the husband keeps mile he earned in his account???
It's a simple issue for non-lawyers to understand.

Imagine a formerly traditional family where one spouse works outside the home and does all the flying, and the other runs the home and looks after the kids.

In a community property state, everything earned during the marriage belongs equally to both parties, since both parties contributed to the functioning of the family ("community"). Elsewhere, it would not be fair ("equitable") to leave all the money, property, and miles in the hands of the wage-earning spouse after a divorce.

That is all there is to it, protestations of who is working harder, contributing more, or flying the BIS miles notwithstanding.
SPN Lifer is online now  
Old Jan 9, 06, 9:57 pm
  #49  
 
Join Date: Mar 2002
Location: Saipan, MP 96950 USA (Commonwealth of the Northern Mariana Islands = the CNMI) [1991 - 2010]; LAS
Programs: Lifetime: UA United Club, AA Admirals Club & Marriott Bonvoy Gold Elite
Posts: 9,461
Originally Posted by MP Goddess (Post #42)
Still no. Since the judge can't rule that MP has to allow the ex to use their miles, he threw the otsc out. He doesn't *have* a share of them, and neither do I. UA can take them from me (or anyone) at any time for any reason. I assure you, nobody has been jailed or fined for not allowing their ex-spouse to use their MP miles. No matter how hard the ex-spouse (or their lawyer) may try.
(Emphasis added.)

Have you searched the court records of all fifty states?

Unless you have, your "assurance" is worthless, and comes perilously close to, if not crosses, the line for practicing law without a license.

If true, your assertion is simply a reflection of the fact that most lawyers and clients are unwilling to take the risk that the client sit in jail until he or she complies with the court's order, and most judges view civil contempt as a very last resort.

You are 100% correct that the court has no jurisdiction over Mileage Plus, a neighbor's dog, or a foreign bank. Yet these kinds of issues arise all the time, and the court does have jurisdiction over the parties, and full power to compel them to follow the court's orders.

Any claim to the contrary is a grave disservice to FlyerTalkers and others reading this thread.

At least those gullible enough to believe you on that particular emphasized point. Your other information was most helpful and informative. Thanks for taking the time to share your story.
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Old Jan 10, 06, 3:17 am
  #50  
 
Join Date: Sep 2004
Location: Probably on the phone with you.
Programs: The opinions I express here are mine alone and do not necessarily reflect those of United or Mileage
Posts: 155
*sigh* I'm not here to argue with you people, Lord knows I get enough of people trying at work. I shared personal experience and what the people at our offices who handle such affairs (internal audits) have told me.

The ex only tried once to use miles for tickets for himself and his new wife. Booked 2 savers in Y to Osaka. Then they never took the flights and I had to pay $150 to get the miles back in the account. I very well could argue that he used his 120K miles, as he refused to pay recredit fees. I got the password on the account to keep him from issuing tickets any time he felt like it just so I would have to shell out for recredit fees every month. When I was first thinking about it, I asked the audits people what their take was on it...if they'd seen where people had gotten into trouble, etc. The one with the most seniority said, "you're not going to go to jail for not giving him your mileage...nobody has yet, don't worry so much." When he attempted to book 2 F class standard awards to CDG for his inlaws and couldn't get the tickets, he got angry and went crying to his lawyer about how I was being uncooperative and should be fined or imprisoned. The judge saw through his attempts to manipulate the court and told him to get over it.

I see people withholding miles from exes every day, and I really believe the person in control of the miles is banking on the other ex- not wanting to bother with the hassle of court over it. Often, it's more expensive to go to court than to buy the tickets. At $250 an hour, and $2000 for that specific court date, I still can't see why the ex pursued it. And that's just for MY lawyer. I hear his was more expensive. I can maybe see that much hassle over, say 1 mil plus...but anything less...those billable hours *really* add up.

p.s.--Welcome home from a hard day at work, Goddess! Today must have been stressful, what with the server overload with the new purchase EQM promotion emails, huh? *pats self on back*

p.p.s.--I could say something here about arguing on the Internet being like racing in the Special Olympics, but it's been done.
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