Posted by Who Gets the Engagement and Wedding Rings: A Step-Wise Complete Details
Divorce can be a complicated process, especially when it comes to dividing assets and property. Among the items in question are the engagement and wedding rings, which can carry significant emotional and financial value. The treatment of these rings during a divorce varies depending on the jurisdiction—whether it’s in the U.S. or abroad. While the engagement ring is often treated as a gift, the wedding ring may be considered marital property and subject to division. This article will explore how engagement and wedding rings are treated in divorce proceedings in various jurisdictions, including the U.S. and the U.K.
Table of Contents
Introduction
Divorce is never easy, and deciding what happens to items with emotional or financial value—like engagement and wedding rings—can add another layer of complexity. While engagement rings are often viewed as a symbol of love and commitment, wedding rings represent the union of marriage. Despite their symbolic significance, both rings are often treated differently under the law when it comes to division during a divorce.
The key distinction is that engagement rings are usually viewed as gifts given in anticipation of marriage, whereas wedding rings are more likely to be treated as marital property, especially if they were given and worn during the marriage.
Understanding how each jurisdiction treats these rings can help individuals navigate their divorce proceedings. The following section breaks down how engagement and wedding rings are typically handled in divorce cases across various states in the U.S. and in the U.K.
Engagement Ring: Gift or Property?
Engagement Ring as a Gift
Legal Perspective: The engagement ring is traditionally viewed as a gift given in the spirit of commitment to marriage. In most cases, the engagement ring is considered separate property, which means it doesn’t get divided during divorce proceedings.
Ownership: Typically, the recipient (usually the bride) of the engagement ring gets to keep it, regardless of the circumstances of the divorce. This holds true even in jurisdictions that divide other assets equitably or according to community property laws.
Exceptions
In some jurisdictions, if the engagement is broken off before the marriage takes place, the ring may need to be returned to the giver since it was given with the expectation that the marriage would occur.
Wedding Ring: Marital Property or Separate Asset?
Wedding Ring as Marital Property
Legal Perspective: Wedding rings are often treated as marital property—especially in jurisdictions with equitable distribution laws or community property laws. These laws presume that both parties contributed to the acquisition of marital property, including wedding rings.
Ownership: Unlike engagement rings, wedding rings are typically considered part of the marital estate and may be subject to division during divorce proceedings. Factors like the length of the marriage and financial contributions are often considered when determining who gets the wedding ring.
Differences Between Engagement and Wedding Rings
Engagement rings are usually given before marriage and are considered gifts, while wedding rings are exchanged during the marriage and may be considered marital property.
Equitable Distribution vs. Community Property: How wedding rings are treated will depend largely on whether a jurisdiction follows equitable distribution (which divides property fairly but not necessarily equally) or community property (which generally splits all marital property 50/50).
How Engagement and Wedding Rings Are Treated in Different States
The treatment of engagement and wedding rings can vary depending on state law. Below is an overview of how different U.S. states and countries handle the division of these rings during a divorce.
Florida
Engagement Ring: Treated as a gift; generally, the recipient keeps the ring.
Wedding Ring: Treated as marital property, subject to division in divorce.
Indiana
Engagement Ring: Considered a gift; the recipient keeps the ring.
Wedding Ring: Treated as marital property and could be divided during divorce proceedings.
Maryland
Engagement Ring: Generally seen as a gift; the recipient typically keeps it.
Wedding Ring: Marital property, subject to equitable distribution.
New Jersey
Engagement Ring: Considered a gift and typically stays with the recipient.
Wedding Ring: Treated as marital property and may be divided.
Massachusetts
Engagement Ring: Treated as a gift, and the recipient keeps it.
Wedding Ring: Marital property, and may be subject to division during divorce.
North Carolina
Engagement Ring: Considered a gift, and the recipient usually keeps it.
Wedding Ring: Marital property; likely to be divided.
United Kingdom
Engagement Ring: Considered a gift, and the recipient typically keeps it, though there could be exceptions if the engagement is broken off.
Wedding Ring: Likely treated as marital property, subject to division in a divorce.
Illinois
Engagement Ring: Generally seen as a gift, with the recipient keeping the ring.
Wedding Ring: Marital property, subject to division.
New Hampshire (NH)
Engagement Ring: Treated as a gift, so the recipient typically keeps it.
Wedding Ring: Generally considered marital property, and division will depend on the divorce settlement.
Nebraska
Wedding Ring: Marital property; divided during divorce.
Engagement Ring: Treated as a gift; stays with the recipient.
Georgia
Wedding Ring: Treated as marital property and may be part of the divorce settlement.
Michigan
Wedding Ring: Considered marital property and may be divided during divorce.
Engagement Ring: Treated as a gift.
Minnesota
Wedding Ring: Marital property, divided during divorce.
Engagement Ring: A gift, not divided.
Missouri
Wedding Ring: considered marital property, subject to division.
Engagement Ring: Treated as a gift, stays with the recipient.
Wisconsin
Wedding Ring: Treated as marital property; likely to be divided due to community property laws.
Mississippi
Wedding Ring: Marital property; subject to division.
Engagement Ring: A gift that stays with the recipient.
Rhode Island
Engagement Ring: Considered a gift; stays with the recipient.
Wedding Ring: Treated as marital property, divided during divorce.
Kansas
Wedding Ring: Marital property, and likely subject to division during divorce.
Frequently Asked Questions (FAQs)
Does the engagement ring get divided in divorce?
Generally, no. Engagement rings are treated as gifts given in anticipation of marriage and are typically not divided during divorce. The recipient generally keeps the ring.
Who keeps the wedding rings in a divorce?
Wedding rings are often considered marital property and may be divided during a divorce settlement, particularly if the ring is valuable or symbolic of the marriage.
Can I get the engagement ring back if the engagement was broken off?
Yes, in many cases, if the engagement is broken off before marriage, the giver may be entitled to have the engagement ring returned. This is because the ring is considered a gift conditional upon the marriage.
Are wedding rings considered property in all states?
In most states, wedding rings are treated as marital property and may be divided during a divorce. However, the specifics depend on whether the state follows equitable distribution or community property laws.
Do community property states treat engagement rings differently?
In community property states (like California or Wisconsin), both engagement and wedding rings could be considered marital property, potentially subject to division.
Conclusion
The treatment of engagement and wedding rings during divorce varies widely by jurisdiction, but some general rules can be followed. Engagement rings are most often viewed as gifts and typically remain with the recipient, while wedding rings are generally treated as marital property and may be divided during the divorce process.
If you are in the midst of a divorce or engaged in divorce proceedings, understanding how your state or country treats these rings will help you manage expectations and navigate the process more smoothly. If in doubt, consult with a family law attorney who can offer guidance based on the laws specific to your jurisdiction.
By understanding how engagement and wedding rings are treated legally, you can make informed decisions that protect your interests during the divorce process