Who Gets to Keep the Engagement Ring After a Divorce?

Many aspects of the divorce process are contentious, particularly the division of property. An engagement ring is gifted from one spouse to another as a promise of their future together forever. But what happens when that forever gets cut short? In the event of a divorce, many spouses are concerned about who will keep the engagement ring. The answer will vary depending on the circumstances of the relationship and the presiding judge. For more information and representation during your divorce, speak with an Oakland County property distribution lawyer today.

Is an Engagement Ring Marital or Separate Property?

The ring may be considered marital or separate property depending on the circumstances of the situation. For example, engagement rings are generally considered conditional gifts, with the condition being that the pair will get married. Because the gift is given before the marriage, it can be considered separate property owned by the recipient and the condition will be met as soon as the two are legally wed. The ring could even be considered a true gift if the spouse proposed on a birthday or holiday and used it as a gift for that special day.

However, the ring could be considered marital property under certain circumstances. Some judges consider the conditional gift not vested until the marriage, meaning that the gift wasn’t technically given until the two were already married, making the ring marital property. Additionally, if the ring was modified during the marriage it could become marital property. Upgrading to a new ring, changing the setting of the stone, or altering it in any way could make the gift jointly owned.

Who Gets to Keep the Engagement Ring in a Divorce?

The law is often a complicated thing and there is no one clear cut answer for who gets to keep the engagement ring when the marriage ends in divorce. Only marital property is subject to asset distribution, so the answer to this question depends on whether the judge considers the ring separately or jointly owned.

Keep in mind that the recipient of the ring may choose to give it back to its original owner. Depending on the relationship and how the marriage ended, they may feel it is the right thing to do, especially if the ring is a family heirloom.

On the other hand, the spouse who proposed with the ring may urge the other to keep it as it was a gift from them at a happy time. Property division can be handled by the spouses themselves through mediation where they can make the decision about who keeps the ring. Otherwise, the judge presiding over their divorce will use their best judgment to make the decision after reviewing the details of the relationship.

Work with an experienced divorce attorney to ensure your legal rights are protected during this process. Contact Alan B. Cooper & Associates, PLLC today to speak with a knowledgeable lawyer.