And you thought the divorce would be final once you agreed on who gets the house and the dog. Did you really believe your ex would allow you sole custody of all those frequent-flier miles?
"With 57 million frequent-flier program members in the U.S., up to 30 percent of whom are actively accumulating 500 billion miles annually, it is hardly surprising that miles have joined the list of personal assets," according to Inside Flyer magazine.
The current record for the most miles in one account is about 23 million - enough for 35 people to take a first-class round-the-world trip or for 91 U.S. relatives to hold a weeklong family reunion in the South Pacific, the magazine says. Even if you're not in that league, miles still can be valuable enough to mention in a will or prenuptial agreement.
Whereas some airline programs stipulate that miles aren't the property of the traveler and thus aren't transferable under any circumstances, courts reportedly are inclined to uphold a challenge in the event of a death - if the heir's name is listed on the credit-card account or if the intention is specified in a will. One spouse even argued that her husband should receive miles when he was flown home in a coffin after he died on a trip to get medical treatment out of state. Some relatives have been known earn mileage points when they paid for a loved one's funeral by credit card (perhaps using the miles for subsequent visits to a distant gravesite).
In the case of divorce, however, it's usually up to sometimes-vindictive spouses to work things out. Unless some other arrangement has been made in advance - or if one partner earned miles through business travel for a company that insists he or she apply them to future work-related trips - legal experts say courts will treat miles earned during a marriage as any other marital asset and divide them equitably between the divorcing spouses.
Some airlines let the person whose name is on the account dole out miles whenever he or she wishes. A few carriers allow spouses - or a limited number of family or household members - to pool miles (sometimes after first documenting the relationship) - which naturally makes it easier to divvy up the spoils.
But if an airline refuses to transfer miles to anyone else, the couple will have to place a mutually acceptable dollar amount on the mileage so there can be a cash settlement.
The problem, of course, says travel law professor Robert M. Jarvis, is agreeing on the value: "Maybe there are a million miles. The husband says they're worth one dollar. The wife says they're worth 10 million, so write me a check for 5 million."
If there isn't enough cash, there could be another kind of trade-off - maybe the ticketless spouse would receive more pieces of grandma's silver, said Jarvis, who teaches at Florida's Nova Southeastern University and is co-author of a book on travel law. Often, he said, courts have allowed one spouse to move with the kids to another state if he or she agrees to let the other parent use the miles for visitation trips.
Those who want to duck a standoff altogether could donate excess miles to charities, give them as birthday presents or use them up fleeing to start a new life in Brazil. However, Jarvis says, typical couples eventually work out an arrangement.
Pub Date: 12/06/98