Rings

What Happens to the Engagement and Wedding Rings in a Divorce?

When you’re parting ways, it’s natural to wonder about what will happen to your engagement or wedding ring after divorce. Rings are rarely cheap. Whether the ring is a simple band or a diamond-studded treasure, you must know what the law says about who gets to keep the ring.

In Florida, as in many other states, the laws surrounding rings and divorce are straightforward in some ways, but they can also be complicated. If you’re going through a divorce or thinking about it, knowing your rights can save you a lot of stress and heartache.

At Untying the Knot, we know your ring carries a deep emotional value, and we want to make sure you have a clear idea of what to do when using our Florida divorce services.

But first, we’ll discuss what to do with wedding rings after divorce and how the legal system typically handles these kinds of assets.

Engagement Rings Are Conditional Gifts in Florida

In Florida, engagement rings are legally seen as “conditional gifts.” This means that when someone gives an engagement ring, it is given with the expectation that a marriage will take place. The person who receives the ring only has a legal right to keep it if the wedding happens. In other words, the “condition” of receiving the ring is getting married.

If the engagement is called off, whether by mutual agreement or by one party, the condition for the gift hasn’t been fulfilled. In that case, the person who gave the ring usually has the right to ask for it back. This can be a difficult situation, especially if the breakup is emotionally charged, but the law tends to side with the person who purchased the ring.

However, things aren’t always that clear-cut. For example, if the person who gave the ring is the one who breaks off the engagement, they may not have the legal right to demand the ring back. It is generally considered unfair to allow someone to break off the engagement and still get the ring back.

On the other hand, if the engagement ends because of mutual agreement or because the person who received the ring breaks off the relationship, the giver of the ring is typically entitled to its return.

What Happens to the Rings After the Wedding?

Once you say, “I do,” the engagement ring becomes yours to keep. In Florida, once the wedding has taken place, the “condition” of the gift has been satisfied, and your spouse can not ask you to return the wedding ring after divorce.

It’s considered a pre-marital gift. After divorce, the wedding ring is usually seen as your property, meaning you get to keep it, no matter what happens in a divorce.

This rule applies to both the engagement ring and the wedding ring. Even if your marriage ends, you don’t have to give your wedding or engagement ring back after divorce unless there’s a specific legal agreement, like a prenuptial agreement, stating otherwise.

If you and your spouse signed a prenup that included terms about who gets to keep the wedding and engagement ring after divorce, the court will typically enforce that agreement. Without a prenup, both rings remain the property of the person who received them, no matter who bought the rings or how much they are worth.

Family Heirlooms and Special Sentimental Value

What about rings that are family heirlooms?

Dealing with such a wedding or engagement ring after divorce can be tricky. Florida law doesn’t have any special provisions that protect family heirlooms, even if they have immense sentimental value. If the ring you gave to your spouse belonged to your grandmother, Florida law treats it just like any other piece of property.

If the rings are especially meaningful to you, and you want to get them back after the divorce, the best approach is to try to reach an agreement with your spouse. This can sometimes be done through negotiation or mediation, but it may require some compromise. Otherwise, unless there’s a prenuptial agreement that addresses the heirloom, the court is unlikely to rule in your favor just because of the sentimental value.

If you’re planning to get married and know that the ring is a family heirloom, it’s a good idea to include a prenuptial agreement that clarifies who gets it in the event of divorce. While these conversations can be uncomfortable, they can prevent a lot of confusion and heartache later on if things don’t work out.

What to Do with Your Wedding Ring After a Divorce

Like most people, you might be wondering what to do with a wedding ring after divorce.

But since this is a personal decision, there’s no right or wrong answer. Some people choose to keep their rings as a reminder of the past, while others prefer to sell them or pass them down to family members. In some cases, people have their rings melted down or redesigned into new pieces of jewelry, symbolizing a fresh start.

Check Out Our Florida Divorce Services or Book an Appointment with Our Attorneys

Divorce is never easy, especially when it comes to sentimental issues like who gets the wedding ring after divorce. Our Florida divorce services are designed to help you manage your divorce from the comfort of your own home. We can help you with everything from the paperwork to the property division.

Need help with any divorce-related legal issues or more information about our services? Feel free to call 833-637-1729 or contact us online.