Travel points count as marital assets

Q: My husband worked as a consultant throughout our marriage, traveling extensively over the years. He was always allowed to keep all of his miles and points. As a result, he has the highest level status with many hotel chains and airlines and has over a million AmEx points. I want him to buy me out. I believe these are marital assets and we always planned to use all of these benefits when we retired to travel the world together. Now he will be taking the trips we always discussed with another woman.

My lawyer says that I cannot force these companies to divided points and miles in half because it is not their policy to do so. This seems so unfair. How do I find someone to testify about the actual value of these as assets? I want my husband to buy me out if they cannot be divided. This can’t be the first time someone has tried to argue these benefits are assets, right?

A: You are correct — these are valuable assets. But, finding a qualified expert to place a dollar value on the rewards is not going to be easy. I have never used such an expert and don’t know of one. But there are other ways to address equalization.

American Express will allow him to open a new account (on which he can add you as a cardholder) and have the points transferred to that card. You can structure an agreement in such a way that you each have to pay off your share of the use of the card on a monthly basis and you each get to use half of the points. You can even make it so that only certain types of things can be charged on the account such as travel then you can use the points for upgrades for your trips.

He can also agree to use half of the Marriott points and various miles to book rooms and/or flights for you (and your companions) until you have utilized half of the points. He will need to share copies of his statements for all of his rewards programs on a regular basis so you can ensure that you are receiving the benefits to which you are entitled. This request is sure to drive him crazy.

So, I also suggest you research where you can go, stay, etc. at today’s rates to use up half of the accrued rewards. Then figure out how much it will cost you to take those trips without any rewards staying in the same level accommodations and flying with upgraded seats. That way if he does not want to account to you for all of the rewards on an ongoing basis he can now agree to pay you the amount necessary for you to take all these trips. And, if settlement is not achieved, you have now done the research and can testify about the places you would go with your half and the actual cost.

Email questions to whickey@brickjones.com.