One conflict a couple sometimes runs into during a divorce is what to do with the engagement ring. An engagement ring can be a significant investment. Many people spend thousands of dollars, if not tens of thousands, on them. As a result, both spouses may see the ring as a very valuable asset, and both may want to have it when the marriage ends.
What happens to the ring often depends on when the relationship ends. Generally, courts look at engagement rings as conditional gifts, where the condition is that the couple gets married. The only reason that this expensive gift was offered in the first place was due to the request to marry, so that must be honored in order for the transfer of the gift to be complete.
How this could affect property division
One couple may be engaged for a few years while they are planning their wedding. But if they break that engagement off before the wedding, then the person who received the ring has not satisfied the condition of marriage. That person is generally expected to return the ring to the person who purchased it.
On the other hand, another couple may get married and then decide to get divorced five years later. The condition was never that they had to remain married for the rest of their lives — just that they had to get married. Since that has been satisfied, then the person who received the ring may be able to claim that they own it and get to keep it after the divorce.
This can get very complicated and is a common cause of dispute in the property division portion of the divorce. Whether you were on the giving or receiving end of an engagement ring, having experienced legal guidance can help you work to seek the outcome you believe is fair.
