family transfer

[flighty]

I am divorced and the ex is demanding that I transfer half my QFF points to him. Problem is that I used them to fly to Europe last year with my new partner so dont have many points. So his lawyer says 'stuff the terms and conditions' and wants to put a value on them like $6,000. What can I do??
There are no family options for ex's!!

 

[NM]

What can I do??

My suggestion .... Seek you own professional legal advice.

 

[QF WP]

Have to agree with NM.

Been through my own divorce, the price of good advice is generally infinitessimally small compared with the outcome.

You say that you are already divorced (decree nisi & decree absolute), but have you finalised the financial agreement? If you had, then he is whistling into the wind to get any more...perhaps he's just trying you to see how you react.

If you haven't finalised the financial agreement, then you'll need to try and work out what you believe the value of your half balance of your FF points are worth. Then the negotiation starts...:shock:

 

[Flashback]

... and welcome to AFF flighty:!:

 

[serfty]

My suggestion .... Seek you own professional legal advice.

I agree.

Interested to know how the lawyer came up with a "value" of $6K?

 

[flighty]

His lawyer just 'parrots' him so that is how they came up with $6K.
I recon that a fair amout would be what I would have paid for the flights minus the taxes which was around $1200 each. We are divorced but the property settlement has been going for over a year . Now we are doing mediation. My lawyer dismissed the FF points issue and said it didnt count
but the mediator thinks differently. Most points were accrued using ANZ FF credit card.

 

[opusman]

According to Qantas, FF points have no monetary value

 

[markis10]

I would suggest that to do any transfer would be in violation of the programs t&c's, in particular:

11.2 Members must not require or receive any consideration (in the form of a payment or otherwise) for any transfer to an Eligible Family Member.


As others have said get legal advice from the experts (who may not be Qantas F/F experts), I cannot see how there is any value left to be realised by the ex. Maybe you can comensate with some Ansett Global Rewards Points??

 

[Hvr]

Maybe they don't have value according to the T&Cs but I bet you wouldn't forfeit them for nothing would you? Therefore they do have a value and you have received that value.

Why should your ex forfeit the value of something accumulated during the relationship?


Another way to look at it would be to consider what your attitude would be if he had spent the points and deprived you of them. I reckon your perspective would change.

Be interested to hear the outcome.

 

[samh004]

Asked my mum, who is a family court lawyer: it comes up often in divorces and it's generally ruled it does have a value, despite what the T&C's state, as it's valuable to you.

Good luck!

 

[MDC]

I am not a legal expert by any means and not sure whether this question accounts for anything in your benifit. Who earned the points? If it was you, surely that would mean that you are entitled to a high percentage of the worth of those points.

As I said, I'm not expert and logic seems to have no place in our legal system.

 

[dede]

Strictly speaking he is no longer a family member so you wouldn't have been able to transfer them anyway. I think the legal term is 'stiff cheddar'

 

[Hvr]

Who earned the points? If it was you, surely that would mean that you are entitled to a high percentage of the worth of those points.

As I said, I'm not expert and logic seems to have no place in our legal system.

Who earned what isn't an issue in Family Law. It is generally joint property during the relationship/marriage.

There are many people who say (and can prove) "I earned that" during the court hearing and the Judge says well now you have to share.

One thing to be careful of is that you don't spend more on the lawyer than what items are actually worth. The usual wealth transfer during divorce proceedings is from the people involved to their lawyers.

A civil divorce is worth it and saves so much money.

Been there done that.

 

[craven morehead]

On whose FF card were the points attributed to? :mrgreen:

 

[medhead]

This talk of joint property is all very interesting. But isn't the point about joint property that both parties contributed to creating the property. i.e. a home keeper gets a shre of the house because of the things they did that allowed to other person to go and earn money to pay for the house.

What contribution did your ex make to you gaining the points balance? did they pay the bill, did they buy things for you with your card, did they in any way provide support that without which you couldn't get the points?

Also what is their point balance? I hope you are claiming half of their points.

 

[flighty]

I collected most of the points paying some bills but mostly by shopping with my credit card. He has a fear of flying so he wouldnt use points for flying, he is an 'aviation enthusiast' and would use them to make dummy bookings etc.

 

[drron]

Fortunately have never been there myself but have observed proceedings many times.From what I have observed never get a lawyer who is a friend or regarded as nice.In these situations you want a lawyer who is a true b*st*rd.

 

[medhead]

I collected most of the points paying some bills but mostly by shopping with my credit card. He has a fear of flying so he wouldnt use points for flying, he is an 'aviation enthusiast' and would use them to make dummy bookings etc.

Basically the points have no value to him, since he would never use them to obtain a flight. (I'm able to make dummy bookings without having points.) That might be a useful point to make to the mediator, IMO. This might the basis of an argument to show that the points have no value to him and therefore shouldn't be part of the settlement.

Not that my opinions are legal advice or that you shouldn't seek your own legal advice.

 

[flighty]

I have just had a reply from Qantas.
They are my loyalty points that I earned (not purchased). A Myer gift card of $1000 can be purchased with 135,000pts. She also said that one can purchase 10,000 points for $335 or 20,000pts for $557.50

 

[Maca44]

I assume that if you did not pay the $85 and join the QF FF program then none of the points would be relevant, and although I am aware the funds to join might have come from a joint account or whatever but it might be arguable as to who paid for your membership.