Q. I grew up in the south where SEC football is a way of life.  I met my husband in college and, although he is from Massachusetts and this is where we settled, we are season ticket holders at our alma mater. We regularly fly down for games.

Because of the generous contributions we have made to the foundation, we have early access to great seats. However, the donations are recorded under the name of the person who signed the check: my husband.

He insists our rights to the seats are not an asset and thus not something we need to share in the divorce process. Obviously, he wants to keep the tickets and exclude me. I think he is wrong.  My lawyer is trying to discourage me from fighting for this. What do you think?

Q. I think this is a unique situation and oddly enough there is a case on point out of Arkansas called Waldrip which you can read if you are so inclined.

Bottom line, you need to get more information from the school before you can make a solid argument.  Approach the argument as if the early access rights are akin to an option to purchase.  If the contributions are tied to your early access the school must have some sort of tracking system. Contact the foundation and ask how the system works. For example, is there a point system similar to the one described in the Waldrip case?  Does a certain level of annual donation guarantee the early access and priority seating?  If so, has your family met that donation annually and do you need to continue to meet that level going forward?

Ask what if there is a divorce, can the rights be shared?  Ask for documentation of any written policies they have in this regard.  This should get you enough information to convince your lawyer that the rights are an asset.

If there are no written policies, you may need to take the deposition of whomever manages these benefits at the school. You should do the deposition virtually and record it.

Once you have all the needed information to convince the judge, you should propose that you and your husband alternate the seats post-divorce taking turns annually choosing which priority seats you want. If ongoing donations are required, you will need to also share in the donations and ticket costs.

Email questions to whickey@brickjones.com