One of the most common questions clients have when going through the divorce process is: “Who keeps the engagement rings in a divorce proceeding?”
Engagement rings given prior to the marriage are treated as gifts conditioned on marriage. Therefore, if the parties marry, the donee (i.e. the wife) gets to keep the engagement ring as her separate non-marital property. In other words, the engagement ring is not subject to equitable distribution (the division of marital assets).
However, if both parties separate before getting married, it is a different story. If the donee (i.e. the future wife) terminates the engagement, or if the parties mutually agree to end their engagement, the ring returns to the donor. The donor is the party who gifted the ring.
If for some reason a spouse gives the ring during the marriage, then it is a marital asset subject to equitable distribution. If a spouse upgrades the ring during the marriage, equitable distribution becomes trickier. However, in most cases, the engagement ring will be the separate non-marital property of the receiving spouse of the ring. This is since the ring is given prior to the marriage.
Do you have more questions about who gets the engagement rings in a divorce or any other assets? Please contact the Heskin Martinez Law Group. We have almost 40 years of combined Family Law experience and are dedicated to our clients. Use the contact form below or call us immediately at 407.403.5990.