If I’m married, is my engagement ring mine to keep?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m married, is my engagement ring mine to keep?
Asked on November 21, 2012 under Family Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A wedding ring is deemed to be a gift and so once you are married it i typically yours to keep. Howwever, in a divorce, whether you can keep your engagement ring depends on when it was acquired.
If the engagement ring was acquired prior to the marriage (thetypical situation), the spouse who received the ring will be entitled to keep it as non-marital property, free from distribution by the Court.
If the ring was acquired after the marriage (and sometimes due to pre-marital financial constraints this is the case), its value may be deemed to be marital property (however, since it was a gift, the recipient spouse should be entitled to keep the ring and not have to sell it upon divorce).
Note: An engagement ring is a "conditional gift", conditioned on the promise to marry. Consequently, if there is no wedding, the condition for the gift has not been met. Accordingly, in most jurisdictions, the ring should be returned (although it can depend on the reason for why the wedding was cancelled).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.