Can you ask for the ring back in divorce?

On Behalf of | Jun 23, 2021 | Family law

A wedding ring/engagement ring is a gift signifying your marriage and your love for one another. You gave your spouse a ring when you decided to get married. 

Now, though, your spouse has asked for a divorce. Does that mean they have to give the ring back?

Your spouse likely gets to keep it

You can certainly ask for the ring back. If your spouse wants to return it — even knowing that it cost thousands or tens of thousands of dollars — they can choose to do so. But, legally speaking, they probably do not have to return the ring (no matter how much it cost).

For one thing, the ring was a gift, and an engagement ring is a gift given to someone before marriage. That makes it their separate property. You bought it, but your spouse brought it to the marriage. It was their property before the marriage and does not have to go back to you in a divorce. 

Additionally, even if you say that you only gave it to them because they promised to marry you, they already fulfilled that end of the deal. They did marry you. Getting divorced ends that marriage, but that does not mean it never happened. The rights to the ring do not go back to you just because the marriage is ending. 

Dividing your property

As you can see, dividing property can get complicated. Don’t assume anything about how the process works, or you could be surprised to find that it’s not as simple as you thought. Make sure you understand all of your legal rights and options clearly as you move forward.