Who Gets the Engagement
Engagement Rings

Who Gets the Engagement Ring in a Divorce?

Posted by

Divorce is an emotionally and financially challenging experience for many couples. Amid the complexities of dividing assets and making arrangements for children, one question often arises that many couples overlook: who gets the engagement ring in a divorce?

An engagement ring is not just a piece of jewelry; it’s a symbol of love, commitment, and promises made. However, when a marriage ends, the ring’s sentimental value might be overshadowed by the legal and financial questions surrounding its ownership.

In this article, we’ll explore the legal considerations regarding engagement rings during a divorce, how different states handle property division, and common frequently asked questions to provide a complete understanding of what may happen to an engagement ring after divorce.

Before diving into who gets the engagement ring in a divorce, it’s essential to understand the legal status of engagement rings in the eyes of the law. An engagement ring is generally considered a gift from one person (the giver) to the other (the recipient) upon a promise of marriage. However, this “gift” is not always treated the same way in divorce proceedings, as its legal classification can influence its ownership.

Gift vs. Property: In most jurisdictions, engagement rings are treated as gifts given in contemplation of marriage. However, this gift classification is often questioned once the marriage ends.

Property Division: The key legal issue is whether the engagement ring should be considered part of the marital property to be divided during the divorce or if it remains a separate gift belonging to one spouse.

Who Gets the Engagement Ring?

The division of an engagement ring during divorce varies widely depending on the legal approach in the state. Here are the primary theories and rules that influence who gets to keep the ring:

Common Law Rule

Under common law, an engagement ring is considered a gift. This means the recipient gets to keep the ring regardless of whether the marriage ends in divorce. The logic behind this is that the gift was given with the intention of marriage, and since the recipient accepted the gift, they retain ownership, even if the marriage does not occur.

When it Applies: The common law rule is more likely to apply in states that do not follow community property or equitable distribution rules.

Challenges: The main issue with the common law rule arises when divorce is involved, and it can sometimes lead to disputes over whether the engagement ring was actually a gift or an expectation tied to the marriage.

The Gift Theory

The gift theory is another common legal theory applied in many states. This theory posits that the engagement ring is a gift given in contemplation of marriage, and that once given, it becomes the personal property of the recipient.

Key Characteristics: According to the gift theory, even if the marriage does not take place, the engagement ring remains the recipient’s property.

Exceptions: Some states may differ in how they handle engagement rings after a divorce, particularly if one spouse feels the ring was given under duress or if the marriage lasted only for a brief period.

State-Specific Laws

State law plays a significant role in determining who gets the engagement ring after a divorce. Here’s a breakdown of how different states handle engagement rings:

Community Property States: In community property states, like California, Texas, and Arizona, the engagement ring may be considered part of the marital property if the marriage takes place. If the ring was purchased during the marriage, it may be divided along with other property assets.

Equitable Distribution States: In equitable distribution states, the ring may not automatically be considered marital property. Instead, courts divide assets based on fairness, considering factors like who paid for the ring and other financial circumstances.

The Engagement Ring as Property

One of the key considerations in determining ownership of an engagement ring in a divorce is whether it is regarded as marital property or separate property.

Marital Property: Any property acquired during the marriage is generally considered marital property. This includes assets like homes, cars, bank accounts, and even engagement rings that were bought during the marriage.

Separate Property: If the engagement ring was purchased before the marriage, it may be classified as separate property. However, this can be contested if the ring was used as part of the shared marital life.

Factors to Consider:

Who paid for the ring?

Where the ring was purchased (before or during the marriage)

Whether the ring was worn during the marriage

Factors Affecting the Division of the Engagement Ring

Several factors can influence who gets the engagement ring in a divorce. Here are some of the key elements that courts may consider:

Who Paid for the Ring?

In some cases, the individual who paid for the ring may have a stronger argument for retaining ownership. If one spouse purchased the engagement ring with their separate funds, they might be able to claim it as separate property.

Jointly Purchased Rings: If both spouses contributed to the purchase, the ring may be seen as a joint asset subject to division.

Fault in the Divorce

Fault can play a role in determining the division of property, including the engagement ring. For instance, in cases where one spouse is considered at fault for the breakdown of the marriage (such as in cases of adultery or abuse), courts may consider awarding the ring to the innocent spouse.

No-Fault Divorces: In states with no-fault divorce laws, this factor may have less influence on the decision regarding the engagement ring.

Length of the Marriage

The length of the marriage can also play a role. If the couple was married for only a short time, the engagement ring may be considered an individual asset. However, if the marriage lasted for many years, the court may treat the ring as part of the overall marital property.

How Courts Handle Engagement Rings

The way courts approach the division of the engagement ring can vary depending on the type of divorce system in place:

Equitable Distribution vs. Community Property

Community Property States: In these states, any property acquired during the marriage is typically divided equally. The engagement ring, if purchased during the marriage, could be subject to this division.

Equitable Distribution States: In these states, the division of property is based on fairness, not necessarily equality. A court will consider various factors, such as each spouse’s contribution to the marriage and the length of the marriage, in deciding who keeps the engagement ring.

Can the Engagement Ring Be Sold?

A common question that arises after a divorce is whether the engagement ring can be sold. The answer depends on several factors:

Ownership of the Ring: If the ring is determined to be the separate property of one spouse, they may be free to sell it. However, if the ring is deemed marital property, selling it may require approval from the other spouse.

Emotional Sentiment: Even if the ring is legally considered property, one or both parties may want to keep the ring for sentimental reasons. Mediation may help to find a resolution in such cases.

Alternative Dispute Resolution Options

If both spouses cannot agree on who gets the engagement ring, they may explore alternative dispute resolution methods such as:

Mediation: A neutral third-party mediator can help the couple reach an agreement on how to divide the engagement ring and other assets.

Arbitration: In arbitration, both parties present their case, and an arbitrator makes a binding decision regarding the division of assets.

FAQs

Q: Do I have to give the engagement ring back if we get divorced?

In some states, the engagement ring is considered a gift, and you are not required to return it. However, in other states, it may be considered marital property, and the court could decide to divide it.

Q: What happens if the engagement ring was purchased before the marriage?

In most cases, if the engagement ring was purchased before the marriage, it will be considered separate property and may not be subject to division in a divorce.

Q: Can I sell my engagement ring after the divorce?

If the engagement ring is your property, you are free to sell it. However, if it was considered marital property, you may need permission from the other spouse before selling it.

Conclusion

The question of who gets the engagement ring in a divorce depends on several legal factors, including the state you live in, whether the ring is considered marital or separate property, and the circumstances surrounding the divorce. It’s important to understand your state’s laws regarding property division and consult with a legal professional to navigate the process.

Ultimately, while an engagement ring is a symbol of love and commitment, in the context of a divorce, it may be treated as a piece of property to be divided. Whether you get to keep the engagement ring or not can be influenced by a variety of legal, financial, and personal factors.

By keeping these considerations in mind, you can better understand how the engagement ring will be treated in your divorce and prepare for the process accordingly.