Divorce can be a complicated process, and one of the many questions that arise is, “Who gets the airline miles?” If you're going through a divorce in Alaska, understanding how airline miles are classified is crucial for asset division. In this blog post, we'll explore the legal framework surrounding airline miles in divorce proceedings, helping you navigate this often-overlooked aspect of marital property.

 

 

Airline miles, often referred to as frequent flyer miles, are rewards earned by travelers through airline loyalty programs. These miles can be redeemed for flights, upgrades, and other travel-related benefits. While they may seem intangible, airline miles hold significant value and can be a contentious issue in divorce settlements.

 

 

In Alaska, the classification of airline miles earned during the marriage is guided by the principles of marital property division. The Alaska Supreme Court case In re Marriage of McCulloch established that airline miles earned during the marriage are considered marital property. This means that both spouses have a right to these assets when the marriage dissolves.

 

 

The division of airline miles can be handled in several ways:

 

1. Valuation: First, the value of the airline miles needs to be determined. This can be tricky since the value can fluctuate based on various factors, including the airline's policies and market conditions. An expert in travel rewards may be necessary to help assess the value.

 

2. Negotiation: Once the value is established, spouses can negotiate how to divide the miles. This could involve one spouse receiving a larger share of other marital assets in exchange for relinquishing their claim to the miles.

 

3. Transfer of Miles: If both parties agree, the airline miles can be transferred from one account to another. However, it's essential to check the airline's policies, as some programs have restrictions on transferring miles.

 

4. Future Earnings: In some cases, couples may also discuss how future miles earned during the divorce process will be handled, especially if one spouse frequently travels for work.

 

 

Airline miles earned prior to the marriage are typically considered separate property. However, if the miles were accrued during the marriage, they might be subject to division. It's crucial to document the timeline of when the miles were earned to clarify ownership.

 

 

Navigating the division of airline miles can be complex, especially when emotions run high during a divorce. If you are facing this situation, it's wise to consult with a knowledgeable attorney experienced in family law in Alaska. They can provide valuable insights and help you reach a fair resolution regarding airline miles and other marital assets.

 

 

Understanding who gets the airline miles in a divorce is an important aspect of asset division in Alaska. With the right legal guidance, you can ensure that your rights are protected and that you receive a fair share of marital property, including those valuable airline miles.  

 

Shortell Law LLC has experience helping our clients secure their financial future in financially complex divorce cases. If you have questions about your situation or need assistance with your divorce, call Shortell Law LLC at (907)272-8181  today to schedule a consultation.