Airline Miles and Divorce

With the value put into frequent flier mile programs and the number of points racked up by various parties, deciding who gets the airline miles can be a major point of contention in a divorce settlement. One of the biggest problems is that airline miles are typically not accounted for in any pre-nuptial agreement.

Because of the large number of business trips and family trips that are taken by plane now, separating frequent-flier miles in a divorce is a very serious and common issue. Typically, the biggest hurdle is that the airlines do not allow a customer to transfer frequent flier miles, even in the event of a divorce.

In addition, placing a monetary value on the miles or even the account can be very tricky. If an account has attained “elite” or “platinum” status, the account can come with a variety of perks. These perks are attained not through buying plane tickets but rather through an accumulation of miles within a period of time. These bonus perks cannot be bought by a person but rather have to be earned.

The miles too must be earned but it is slightly easier to put a value on the miles than the bonuses. If a round-trip ticket takes 25,000 miles, each 25,000 mile set is worth roughly $500. So far, on the topic, only a 1999 Minnesota court decision has placed any sort of value on the individual miles. The Minnesota court placed a value of roughly two cents per mile. This case is not binding in any other state but has been used as a guidepost or starting point by lawyers in many other states.

Contact a San Jose Divorce Attorney

If you are considering filing for divorce and have a considerable number of frequent flier miles, contact the San Jose divorce attorneys of the Law Office of Daniel Jensen at 408-296-4100 to discuss your situation.