What happens to an engagement ring in a New Jersey divorce?

On Behalf of | Sep 9, 2024 | Property Division

Dividing assets can be a very challenging part of a New Jersey divorce. Married couples frequently disagree about what assets they have to divide and the most appropriate way to do so.

Particularly in high-asset marriages, there can be many reasons for spouses to fight over property and how they divide their assets. High-value resources can easily lead to significant disputes between spouses. An engagement ring should be one of the most valuable gifts given by one spouse to the other. It could be a family heirloom or might be worth tens of thousands of dollars in some cases.

What typically happens with an engagement ring after a couple in New Jersey divorces?

The recipient usually keeps the ring

New Jersey, like most other states, treats an engagement ring as a conditional gift. The recipient in theory has sole ownership of the ring provided that they fulfill the condition of the gift. That condition is getting married.

After the couple makes their relationship official, the gift process is complete. In other words, after the wedding, the person who receives the engagement ring usually gets to keep it as their separate property. It is not part of the marital estate and does not influence other property division decisions.

There is an exception to that rule

Some people have a pre-existing attachment to an engagement ring. It might be a family heirloom that has passed from generation to generation. In such cases, the spouses might negotiate a prenuptial agreement that allows the proposing spouse to reclaim the engagement ring in the event of a divorce.

If spouses have a written agreement addressing the engagement ring, then the person who proposed can potentially protect the ring and keep it in their family even if the marriage fails. Otherwise, even if the cost was significant, they likely do not have any claim to the ring itself or to factor its value into other property division matters during the divorce.

Learning about the rules that apply to specific high-value assets can help people prepare for financial negotiations during a complex New Jersey divorce. Engagement rings are typically gifts that become the separate property of the people who receive them and, therefore, have no impact on property division negotiations.