Engagement rings are given with the intention of promising a life and future together. No one enters into a marriage expecting it to end, but sometimes things don’t work out as expected. During the divorce process and asset division, couples may wonder who gets to keep the engagement ring. Continue reading and work with a Sparta property distribution attorney during your divorce process for skilled representation and legal advice.
What is a Conditional Gift?
Engagement rings are generally considered to be conditional gifts. This means that one individual gives the ring to the other as a gift but only under the condition that the recipient agrees to marry them. Conditional gifts become the property of the recipient once the condition has been fulfilled.
In terms of an engagement ring, this means that as soon as the pair are legally married, the spouse who received the ring becomes its owner.
Can I Keep My Engagement Ring After a Divorce?
In many states, the decision of who keeps the engagement ring after a divorce is complex. It might depend on the circumstances of the relationship or be left up to the judge’s discretion when interpreting the law.
However, in New Jersey, the recipient of the ring generally gets to keep the jewelry in the divorce. Engagement rings are always conditional gifts under NJ law, meaning that as long as the couple did get legally married then the spouse who was proposed to with the ring will maintain ownership in the event of a divorce.
This rule was established in the court case Aronrow v. Silver in 1987. This ruling established that if the couple never marries then the condition of the gift is not met and the ring must be returned to the individual who purchased it. It also demonstrated that if the condition is met then the ring is the property of the recipient.
Are Engagement Rings Marital or Separate Property?
Whether an engagement ring is considered marital or separate property depends on the details of the relationship and the state that you are in. As established, when the conditions of the gift are met, the ring becomes separate property of the spouse that it was gifted to. However, the ring has the potential to become marital property.
If the ring is modified at all during the course of the marriage, it could become joint property meaning that it will be subject to NJ’s equitable distribution laws. Couples often change the ring at some point during the marriage, especially if the relationship lasts many years. You may change the setting of the ring or add more stones. Some spouses even gift entirely new rings for anniversaries or special occasions. In this case, because changes were made using joint funds and during the marriage, the ring could be considered marital property.
Divorce law can be complex so it is crucial that you are adequately represented during the process. Reach out to an experienced attorney for more information and legal counsel today.
