Can I Keep my Engagement Ring After Divorce?

First comes love, then a possible engagement, and marriage if all goes to plan. Unfortunately, not all marriages last and many questions may arise during the division of assets. One of those questions may be what happens to a spouse’s engagement ring? Spouses may not know this answer as one spouse gave it to the other, so what does Arkansas law state about this?

Unconditional Gifts

During a divorce, an item received as an unconditional gift will not need to be returned. The definition of an unconditional gift is something given without any conditions attached to it. An example of an unconditional gift would be a birthday present, as opposed to something given with the expectation that it will be reciprocated, such as a present given during a holiday exchange.

With this in mind, engagement and wedding rings are usually considered unconditional gifts and therefore do not need to be returned after a divorce. However, there are some instances where a court could order that an engagement or wedding ring be returned depending on the circumstances of the divorce.

Conditional Gift

In some cases, an engagement ring may be considered a conditional gift. This is typically dependent on the reason for the divorce. If, for example, one spouse was unfaithful, the courts may rule that the engagement ring should be returned to the original giver. However, if there are no extenuating circumstances, the courts will likely consider the engagement ring an unconditional gift and will not need to be returned.

The same general rules apply to wedding rings. Usually, these rings are considered unconditional gifts and do not need to be returned after a divorce. However, there may be some instances in which a court could order that a wedding ring be returned - typically if it can be proven that the ring was given with the expectation of marriage.

Questions About What Needs to Be Returned in a Divorce?

If you are going through a divorce and have questions about who will get to keep the engagement or wedding ring, it's important to speak with an experienced divorce attorney. The team at Martin Attorneys, PA will review your individual case and advise you on the best course of action moving forward. Schedule a consultation with us today by contacting us online or by phone. (479) 888-2039