Frequent flyer miles and reward points accumulated during marriage are considered marital property in New Brunswick and must be divided equally between spouses under the Marital Property Act, RSNB 2012, c. 107. Under Section 2 of this Act, each spouse is entitled to an equal share (50/50) of all marital assets, including Aeroplan points, Air Miles, credit card rewards, and hotel loyalty program balances. Points valued at approximately 1.1 to 1.5 cents each can represent thousands of dollars in marital property. New Brunswick courts treat reward points like any other asset acquired during marriage, requiring full disclosure and equitable division upon separation or divorce.
| Key Facts | Details |
|---|---|
| Filing Fee | $110 ($100 petition + $10 Central Registry) |
| Waiting Period | 31 days after judgment (unless Appeal waiver filed) |
| Residency Requirement | 1 year habitual residence in New Brunswick |
| Grounds | Separation for 1 year, adultery, or cruelty |
| Property Division Model | Equal division (50/50) under Marital Property Act |
| Points Valuation | 1.1-1.5 cents per point (Aeroplan average) |
| Application Deadline | Within 60 days of divorce judgment |
How New Brunswick Law Treats Frequent Flyer Miles in Divorce
New Brunswick law classifies frequent flyer miles as marital property subject to equal division when those points were accumulated during the marriage. Under Section 2 of the Marital Property Act, child care, household management, and financial provision are recognized as joint responsibilities of equal importance, entitling each spouse to an equal share of marital property. This 50/50 presumption applies to all family assets ordinarily used for shelter, transportation, household, recreational, or social purposes. Reward points earned through family spending on groceries, travel, and household purchases clearly fall within this definition.
The New Brunswick equal division model differs from the equitable distribution approach used in some other Canadian provinces. Rather than weighing various factors to determine a fair split, New Brunswick courts begin with an automatic 50/50 presumption. According to the Public Legal Education and Information Service of New Brunswick, this equal division principle ensures both spouses benefit equally from assets accumulated through their joint marital efforts, regardless of whose name appears on the account.
Courts recognize that frequent flyer miles divorce disputes require careful categorization. Points accumulated before the marriage remain the separate property of the original account holder. However, points earned after the wedding date through joint spending or marital funds become divisible assets. The valuation date typically falls on the separation date, meaning any points earned after separation remain with the earning spouse.
Valuing Aeroplan Points and Air Miles for Property Division
Determining the monetary value of frequent flyer miles requires understanding current market valuations and redemption rates. According to NerdWallet's 2026 analysis, Aeroplan points have a median value of approximately 1.1 cents per point, though premium cabin redemptions can yield 1.5 to 2.0 cents per point. The Prince of Travel Q2 2026 valuation guide notes that Aeroplan remains one of Canada's most valuable loyalty programs, with economy redemptions averaging 1.2 cents per point.
Ratehub.ca's research calculates the average Aeroplan point value at 1.44 cents for flights, with business class redemptions averaging 1.96 cents per point compared to 1.10 cents for economy. When comparing against Air Canada flights specifically, values increase to 2.43 cents per point for longer routes or premium cabin seats.
| Loyalty Program | Value Per Point | Notes |
|---|---|---|
| Aeroplan (Economy) | 1.1-1.2 cents | Standard domestic flights |
| Aeroplan (Business) | 1.5-2.0 cents | Premium cabin sweet spots |
| Air Miles (Cash) | 10.5 cents | Cash rewards redemption |
| Air Miles (Dream) | Variable | Travel redemptions |
| Hotel Points | 0.4-0.8 cents | Varies by program |
| Credit Card Points | 1.0-1.5 cents | Depends on transfer partners |
For New Brunswick divorce proceedings, courts typically accept a reasonable middle-ground valuation. A balance of 100,000 Aeroplan points would be valued between $1,100 and $1,500, representing a significant marital asset requiring division. Both spouses must disclose all loyalty program balances on their financial statements filed under Section 12 of the Marital Property Act.
Division Methods for Reward Points in New Brunswick Divorces
New Brunswick courts and divorcing couples employ several methods to divide frequent flyer miles fairly while respecting the equal division principle. The most straightforward approach involves direct point transfers between accounts, though many airline programs restrict or charge fees for such transfers. According to Shulman Law, Aeroplan allows limited transfers between family members, but transfer fees can reduce the overall value.
Offset arrangements represent the most common division method in practice. One spouse retains the full point balance while compensating the other with an equivalent value in cash or other marital assets. For example, if 200,000 Aeroplan points are valued at $2,800 (using 1.4 cents per point), the retaining spouse would owe $1,400 to the other through an equalization payment.
Some couples negotiate usage agreements allowing both parties to benefit from accumulated points post-divorce. These agreements might specify that each spouse can redeem a certain number of points annually or that points will be used for children's travel needs. However, such arrangements require ongoing cooperation and may prove impractical in high-conflict divorces.
Redemption before finalization offers another option. Couples may agree to redeem points for flights, gift cards, or merchandise before the divorce concludes, then divide the tangible benefits equally. This approach eliminates valuation disputes but requires timely cooperation between spouses.
Financial Disclosure Requirements for Loyalty Programs
New Brunswick courts require comprehensive financial disclosure from both parties in divorce proceedings, including all frequent flyer and reward point balances. Under Section 12 of the Marital Property Act, financial statements verified by oath must be filed when a property division application is made. Failure to disclose loyalty program balances constitutes incomplete disclosure and may result in court sanctions.
Disclosure obligations extend to all programs where either spouse holds points, including Aeroplan, Air Miles, hotel loyalty programs like Marriott Bonvoy or Hilton Honors, credit card reward programs, and retail loyalty programs with convertible points. Each account statement showing the current balance as of the separation date should be attached to the financial disclosure.
The disclosure requirement applies regardless of whose name appears on the account. Points earned through a corporate travel account but redeemable for personal use may also require disclosure if accumulated during the marriage. Courts have held that attempting to hide or spend down point balances before separation constitutes dissipation of marital assets.
New Brunswick family law recognizes that loyalty program statements may not clearly show a dollar value. Parties should provide the point balance along with a valuation methodology, whether based on industry standards (1.1-1.5 cents per Aeroplan point), recent redemption history, or expert opinion.
When Courts May Order Unequal Division of Reward Points
Although New Brunswick follows an equal division presumption, Section 7 of the Marital Property Act permits courts to make unequal divisions when equal sharing would be inequitable. Courts consider several factors when determining whether frequent flyer miles should be divided unequally, including unreasonable impoverishment of marital property by one spouse.
If one spouse deliberately spent down point balances after separation with the intent to deprive the other party, courts may order compensation through unequal division of remaining assets. Similarly, if points were accumulated primarily through one spouse's business travel using personal accounts, arguments may be made for unequal division recognizing that contribution.
Section 7 factors also include the duration of the marriage, the effect of family responsibilities on each spouse's earning capacity, and any written agreement between the parties. A prenuptial or separation agreement addressing loyalty point division would typically be honored by New Brunswick courts unless enforcement would be unconscionable.
The burden of proving that equal division would be inequitable falls on the party seeking unequal treatment. New Brunswick courts apply this exception sparingly, maintaining the strong presumption of equal sharing that underlies the Marital Property Act's philosophy.
Timing Considerations for Property Division Applications
New Brunswick law imposes strict deadlines for property division applications that directly impact frequent flyer miles disputes. A divorce judgment does not automatically address property division, and a separate application under the Marital Property Act must be filed within 60 days of the divorce being granted. Missing this deadline may forfeit your right to seek equal division of marital property including reward points.
The 60-day limitation period begins when the divorce judgment becomes effective, which occurs 31 days after the judgment is pronounced unless both parties file an Agreement Not to Appeal. Certificate of Divorce documents become available after this 31-day period and cost an additional $7 from the court registry.
Strategic timing matters for point valuation. Aeroplan and other programs periodically devalue points, and the Prince of Travel reported that effective June 1, 2026, Aeroplan's updated Flight Reward Chart will increase premium cabin redemption costs by as much as 67%. Points divided based on pre-devaluation rates may yield different practical value post-divorce.
Parties should establish the valuation date clearly in their separation agreement. Most commonly, the separation date serves as the valuation date for all marital property including loyalty program balances. Any points earned after separation through personal spending remain the sole property of the earning spouse.
Credit Card Points and Joint Account Complications
Credit card reward points present unique division challenges when accounts were held jointly or when one spouse was an authorized user on the other's account. Under New Brunswick's equal division principle, points earned on joint accounts during the marriage clearly constitute marital property. However, points on individual accounts may require additional analysis depending on the source of the spending that generated them.
When marital funds were used for credit card spending that generated rewards, those points are marital property regardless of whose name appears on the card. A spouse using their personal credit card to pay for family groceries, utilities, and household expenses accumulated points through joint marital spending, making those rewards subject to division.
Joint credit card accounts should be addressed promptly during separation. Removing an authorized user typically does not affect the existing point balance, which remains in the primary cardholder's account. Couples should document the point balance as of the separation date to establish the divisible amount.
Some credit card programs allow point transfers to loyalty programs or other users, while others restrict transfers to prevent fraud. Understanding each program's transfer rules before finalizing a settlement agreement prevents enforcement problems. If transfer is impossible, offset payments represent the practical solution.
Dispute Resolution Options for Point Division
New Brunswick offers multiple pathways for resolving frequent flyer miles disputes, from negotiated agreements to court adjudication. The 2021 amendments to the Divorce Act, R.S.C. 1985, c. 3 actively encourage out-of-court dispute resolution, and lawyers now have professional obligations to inform clients about family mediation and other alternatives to litigation.
Mediation allows couples to negotiate point division with a neutral facilitator's assistance. A mediator familiar with loyalty program valuations can help parties reach creative solutions, such as splitting different programs differently or creating usage agreements. Mediation typically costs $200-400 per hour but often resolves disputes faster than litigation.
Collaborative family law provides another option where both parties retain collaboratively trained lawyers and commit to reaching settlement without court intervention. This process works well for complex asset division including multiple loyalty programs and credit card points.
Arbitration offers a binding resolution through a private decision-maker. Family arbitrators in New Brunswick can divide property including reward points, and their decisions are enforceable through the courts. Arbitration may be faster than court proceedings but involves arbitrator fees in addition to legal costs.
Court application remains available when parties cannot agree. The Court of King's Bench, Family Division handles property division applications across New Brunswick's eight judicial districts. Court proceedings involve filing fees of $110, plus potential additional costs for motions and trial if the matter does not settle.
Protecting Your Reward Points During Separation
Taking proactive steps to protect your interest in frequent flyer miles becomes essential once separation appears likely. First, document all loyalty program balances by downloading current statements from each program showing point totals as of a specific date. These statements become evidence of the marital asset base subject to division.
Notify your spouse and their lawyer in writing that you consider all reward points marital property subject to equal division. This notification creates a record demonstrating your intent to claim your share and may deter the other party from depleting balances.
Avoid the temptation to redeem points rapidly before formal separation proceedings begin. New Brunswick courts take a dim view of spouses who dissipate marital assets, and judges may order compensating payments from other property if one party spent down reward balances in bad faith.
Consider whether maintaining joint access to loyalty accounts serves your interests. While some couples continue earning points into shared accounts during separation, this arrangement can create disputes about post-separation accumulation. Establishing clear separation dates for each program simplifies later division.
Monitor accounts for unauthorized activity if your spouse remains an authorized user or knows your login credentials. Changing passwords and security questions protects against unauthorized redemptions, though you should document your actions to demonstrate you are not attempting to hide assets.
Filing for Divorce in New Brunswick: Procedural Requirements
Understanding New Brunswick's divorce procedures helps couples plan for property division including reward points. At least one spouse must have been habitually resident in New Brunswick for a minimum of one year immediately before filing the divorce petition, as required by Section 3(1) of the Divorce Act. Canadian citizenship is not required; any legally married couple meeting the residency requirement can file.
Divorce proceedings are filed in the Family Division of the Court of King's Bench of New Brunswick using Form 72A (Petition for Divorce) or Form 72B (Joint Petition for Divorce). The $110 filing fee includes $100 for the petition and $10 for the Clearance Certificate from the Central Registry of Divorce Proceedings. Payment must be made payable to the Minister of Finance for the Province of New Brunswick.
Fee waivers are available for New Brunswick residents receiving social assistance under the Family Income Security Act or those represented by domestic Legal Aid under Rules of Court, Rule 72.24(2). Parties experiencing financial hardship may apply for fee waiver using Form 72FF.
The Court operates across eight judicial districts, and you must file in the district where you or your spouse resides, or where your children ordinarily reside if parenting matters are at issue. Processing times vary by district and case complexity, with uncontested divorces typically completing in 3-6 months.
Frequently Asked Questions
Are frequent flyer miles considered marital property in New Brunswick?
Yes, frequent flyer miles accumulated during the marriage constitute marital property under New Brunswick's Marital Property Act. Section 2 of the Act entitles each spouse to an equal 50% share of all family assets, which includes Aeroplan points, Air Miles, credit card rewards, and hotel loyalty program balances. Only points accumulated before the marriage or after separation remain the separate property of the account holder.
How are Aeroplan points valued in a New Brunswick divorce?
Aeroplan points are typically valued at 1.1 to 1.5 cents per point for divorce purposes, based on industry standard redemption values. According to Ratehub.ca's 2026 analysis, the average value is 1.44 cents per point, with business class redemptions averaging 1.96 cents and economy averaging 1.10 cents. A balance of 100,000 points would therefore be valued at approximately $1,100 to $1,500 for division purposes.
Can I transfer frequent flyer miles to my spouse as part of the divorce settlement?
Most loyalty programs restrict or charge fees for point transfers between accounts. Aeroplan allows limited transfers between family members, but transfer fees can significantly reduce value. The most common approach involves one spouse keeping all points and compensating the other through an equalization payment in cash or other assets rather than attempting direct transfer.
What happens to reward points earned after separation?
Reward points earned after the separation date typically remain the sole property of the earning spouse and are not subject to division. New Brunswick courts use the separation date as the valuation date for marital property. Any points accumulated through personal spending after that date fall outside the marital asset pool, though points earned through pre-existing automatic credits may require analysis.
Do I have to disclose my frequent flyer miles in divorce financial statements?
Yes, New Brunswick law requires comprehensive financial disclosure including all loyalty program balances. Under Section 12 of the Marital Property Act, financial statements verified by oath must include all assets. Failure to disclose reward point balances constitutes incomplete disclosure and may result in court sanctions or reopening of the property division agreement.
How long do I have to file for property division including reward points?
You must file a property division application under the Marital Property Act within 60 days of your divorce being granted. This strict deadline applies to all marital property claims including frequent flyer miles. Missing this deadline may forfeit your right to seek equal division of reward points and other assets accumulated during the marriage.
What if my spouse spent all our reward points before separation?
If your spouse deliberately depleted reward point balances with intent to deprive you of your share, New Brunswick courts may order compensation through unequal division of remaining assets. Section 7 of the Marital Property Act allows courts to make unequal divisions when equal sharing would be inequitable, including cases involving unreasonable impoverishment of marital property.
Are business travel points subject to division in New Brunswick?
Business travel points may be subject to division if they were redeemable for personal use and accumulated during the marriage. Courts analyze whether the points constitute a personal benefit derived from marital efforts. Points locked in employer-controlled accounts with no personal redemption option are typically not considered marital property, but personally redeemable corporate travel rewards require disclosure.
Can we agree to share reward points after divorce instead of dividing them?
Yes, couples may negotiate post-divorce usage agreements for reward points as part of their separation agreement. These arrangements might specify annual redemption allowances for each party or designate points for children's travel needs. However, such agreements require ongoing cooperation and clear terms to prevent future disputes. Courts generally prefer clean division over continuing entanglement.
What is the filing fee for divorce in New Brunswick?
The total filing fee for divorce in New Brunswick is $110, which includes $100 for the petition and $10 for the Clearance Certificate from the Central Registry of Divorce Proceedings. A Certificate of Divorce costs an additional $7 after the judgment becomes effective. Fee waivers are available for social assistance recipients and Legal Aid clients. As of May 2026, verify current fees with your local court registry.