Divorce is one of the ugliest things that can happen in your lifetime especially when you start dividing up marital assets like frequent flyer miles. With frequent flyer miles becoming more popular and more in value it is just a matter of time before divorce lawyers will be making miles and points a more common thing in these proceedings. There is even a scene in the movie “Wedding Crashers.” that shows a divorce where they mention frequent flyer miles.
Most divorce lawyers will not go after a few hundred miles or points but when an “ex” has a few thousand to millions of frequent flyer miles and hotel points it might be worth their time. Frequent flyer miles and credit card points should be valued with relative ease because each program tells you exactly what you can expect to receive if you use a specific number of miles or points.
You are defended in a way that the miles are not transferable, and that the IRS gives the miles no value (yet). Although, Miles may be given a value for other assets in a divorce even if the divorce lawyer cannot secure a transfer of miles. This may mean a divorce attorney securing other property in lieu of miles and points.
The bottom line is that if you want to keep your frequent flyer miles make sure you have something to trade for that value. Another tip would be to have all of this in writing before marriage so that the person going into marriage with the most miles gets to keep them just like you would sign a prenuptial for money.
