Who keeps the engagement ring in a New York divorce?

Who keeps the engagement ring in a New York divorce?

When a marriage ends in divorce, property division is one of the most contested issues. Among the many assets that may be disputed, the engagement ring holds sentimental and financial value. In New York, the law is clear on Who Gets the Engagement Ring in a Divorce New York

Engagement Rings as Separate Property

New York follows the principle that an engagement ring is a gift given in contemplation of marriage. Once the marriage takes place, the condition of the gift is fulfilled, making the ring the separate property of the recipient. This means that in a divorce, the spouse who received the ring typically keeps it, regardless of its value or who paid for it.

What Happens if the Engagement is Broken Before Marriage?

If a couple never gets married, the engagement ring is considered a conditional gift and must be returned to the giver. This applies no matter who called off the engagement. New York law views the ring as something given with the expectation of marriage, and if the marriage does not happen, the gift remains incomplete.

Exceptions to the Rule

While the general rule is that the recipient keeps the ring after marriage, there are a few exceptions:

Family Heirlooms

If the engagement ring is a family heirloom, the court may consider returning it to the giver, especially if there was an agreement in place. However, unless explicitly stated in a prenuptial agreement, the recipient still has legal ownership.

Upgraded Rings During Marriage

If the engagement ring was upgraded or replaced during the marriage with marital funds, the increased value or new ring could be considered marital property. In this case, it may be subject to division.

Prenuptial or Postnuptial Agreements

If a couple signed a prenuptial or postnuptial agreement specifying what happens to the ring, the court will honor that agreement.

Fraud or Misrepresentation

If fraud or misrepresentation led to the engagement, the giver may have grounds to reclaim the ring. However, proving fraud in court can be challenging.

Can the Ring Be Used as a Bargaining Tool in Divorce?

Although the engagement ring is legally separate property, it can still be negotiated during a divorce settlement. If both parties agree, the ring can be exchanged for another asset or used to settle financial matters.

In most New York divorces, the recipient of the engagement ring keeps it because it is considered separate property. However, exceptions exist, particularly with heirloom rings, upgrades, or prenuptial agreements. If there is a dispute, consulting an experienced divorce attorney is the best way to understand your rights and options.