For frequent travelers, accumulating airline miles through loyalty programs is often a top goal. Research shows that the typical active member of one of these programs earns an average of around 11,400 miles per year. It’s also estimated that over 300,000 very frequent flyers have amassed at least 1 million miles within their preferred programs.

These programs provide various perks, such as early boarding, airport lounge privileges, and free upgrades, varying by airline and member status level. Some of the most popular programs are from carriers like American Airlines, United, and Delta. But what becomes of all those diligently earned miles when a couple goes through a divorce? Let’s take a look.

Dividing Assets in Divorce
The fate of airline miles depends largely on whether the couple resides in a state with equitable distribution or community property laws. Approximately 41 states adhere to the equitable distribution system, where assets are divided in a fair manner but not necessarily equally. Here the court looks at aspects like each spouse’s contributions and needs when deciding who gets what.

The other 9 states use the community property system, where assets acquired throughout the marriage are typically split down the middle, 50/50.

Frequent Flyer Miles in Equitable Distribution States
In equitable distribution states, miles earned during the marriage are usually seen as joint property. This means the court has leeway in determining how to allocate them in a divorce. Factors divorce lawyers may consider are which spouse accumulated the majority of miles through work travel or business, and who is more likely to use the miles going forward.

For instance, if the wife frequently traveled for her job and earned most of the miles, she may argue for getting a larger portion. Or if the husband has upcoming business trips where he could benefit from the miles, the court may grant him more. The division depends entirely on the spouses’ unique situation.

Frequent Flyer Miles in Community Property States
In community property states, frequent flyer miles that were gained during the marriage will probably be split 50/50 between the spouses. This is because they are viewed as communal assets under the law. However, miles earned before the marriage or received as gifts could potentially be claimed as individual property. There may also be disputes over valuation, since different programs use different systems.

Divorce attorneys may examine various valuation techniques, like the cost to buy the number of miles in question. However, overall, accrued miles in community property states are typically divided equally.

When a marriage ends, frequent flyer miles are handled like any other joint asset. Equitable distribution states, they are divided fairly based on aspects like need and contribution. In community property states, they are generally split down the middle if they are earned during the marriage. Attorneys can provide guidance on state laws and valuation approaches. With substantial airline mileage balances, it’s wise to address frequent flyer accounts in divorce proceedings.