Many people spend thousands of dollars on an engagement ring before nervously getting down on one knee to pop the question to their significant other. The ring is a symbol of their love and future together. Unfortunately, sometimes relationships simply aren’t meant to be. If a couple decides to divorce each party may question who gets to keep the engagement ring. The laws will vary from state to state, but in New Jersey as long as certain conditions are met, the recipient of the proposal will keep the ring. If you are getting divorced and require representation or legal counsel, reach out to an experienced Mountainside property distribution attorney today.
Who Keeps the Engagement Ring After a Divorce?
Under New Jersey law, engagement rings are considered conditional gifts. This means that the proposing spouse gifted the ring to the other, with the condition that the two would get married. Once the pair are legally married, the condition of the gift has been met and the recipient of the proposal is considered the full owner of the piece. This rule was established in the 1989 case Aronow v Silver. According to this ruling, if the engagement gets called off then the ring can be reclaimed by the party who gifted it, regardless of the reason for the termination.
However, if the two do get married then the condition has been fulfilled. No matter how long the marriage lasts, the individual who received the ring will be allowed to maintain ownership.
Are there Exceptions to this Rule?
As with most things, exceptions may apply. In New Jersey, a court will rule in favor of the recipient of the ring as long as the condition of marriage is met. However, you may be able to negotiate this decision outside of the court.
Mediation is a great option for spouses to negotiate the various decisions required in a divorce. Generally, divorcing couples in NJ are required to attend at least one mediation session. During this process, each spouse can express their wants and needs and come up with unique solutions that work for them. For example, even though the recipient of the ring is the legal owner, they may choose to give it back in exchange for other assets. The couple may also decide to sell the ring and split the money they receive from the sale.
A judge cannot decide to take away the conditional gift if the recipient is officially the owner. However, with the help of your attorney, you can negotiate with your soon-to-be ex-spouse to come up with an alternative solution.
Reach out to a knowledgeable attorney for more information and legal advice during the asset division and general divorce process.
