Articles Posted in Engagement rings

Published on:

Engagement and wedding rings are often an important symbol of a marriage. While these items often lose meaning after a married couple decides to file for divorce, they are often valuable pieces of property and each spouse may wonder who gets to keep the rings after the separation is finalized The answer to this question will depend on the particular circumstances surrounding your divorce, and an experienced attorney can better advise you after learning the specific details of your situation.

Are rings non-marital or marital property?

Rings are property just like a home, assets, furniture, or other valuables. Under most circumstances in Florida, each spouse is able to keep his or her own belongings brought into the marriage. Such belongings are referred to as non-marital or separate property. Florida divorce laws, however, require that all marital property be equitably divided between the two spouses. Equitable does not mean equal, and courts will take many different factors into consideration in deciding how to divide property.

In order to help determine what happens to engagement and wedding rings, a court must first determine whether each is non-marital or marital property. First, an engagement ring is generally given to a bride-to-be months before the marriage, thus she owns the ring while she is still single. Even though the future groom purchased the ring, the future bride takes ownership when she receives it as a gift. Therefore, an engagement ring is generally considered separate property and the bride tends to keep the engagement ring.

On the other hand, wedding rings are exchanged at the marriage ceremony, so Florida courts generally consider these rings to be marital property. For this reason, the value of the wedding rings would need to be equitably divided, just like any other piece of jewelry or property the couple acquired during the marriage.

Coming to an Agreement with Your Spouse

In many cases, divorcing couples are able to work together to decide how to divide marital property so that the court does not have to intervene. In these situations, the couple may acknowledge that each spouse should keep their own wedding rings, regardless of the value. This type of situation is almost always preferable as each spouse’s feelings may be better respected and they will be able to do what they wish with their own wedding rings.

Even if you and your spouse cannot immediately agree on issues such as property division, an experienced attorney has many options to help you come to a settlement agreement, including mediation, negotiation, or arbitration.

Contact an Experienced Boca Raton Divorce Attorney for Help Today

Engagement and wedding rings are likely only one piece of a substantial amount of property that couples will need to divide equitably in a divorce. In order to ensure that you receive the best deal in your divorce possible, you should always contact the office of experienced divorce lawyer Alan R. Burton in Boca Raton. Mr. Burton is committed to helping divorcing couples come to satisfying and efficient resolutions, so call today to discuss your case.

Published on:

One question I get quite frequently is whether or not an engagement ring is considered a marital asset.

In order to answer this question you need to know what a marital asset is. A marital asset is any asset acquired during the marriage. An engagement ring is generally a gift that is received prior to a marriage, therefore engagement rings are nonmarital, separate property of the recipient spouse.

A distinction should be made between gifts of jewelry that are made between the parties during the marriage. These items are considered interspousal gifts, and interspousal gifts are treated as marital assets.

Any jewelry that is received as a gift during the marriage from someone other than your spouse is considered your own separate property. For example, if you were to receive a ring that has been in the family for many generations, that would be considered a separate gift and your own separate property.

Published on:

698266_rings.jpgThe age old question, which invariably comes up time and time again. The answer to this question is determined by examining the reason why an engagement ring is given by one party to the other.

An engagement ring is a gift made upon the implied condition that a marriage is to occur. If a marriage does in fact occur, the courts will most likely follow the general rule that engagement rings are not marital assets subject to equitable distribution. Rather, they are the separate property of the recipient.

In the event a marriage does not occur, the chances are much better for recovery of the ring, since it was conditioned upon the subsequent marriage.

An interesting twist to the engagement ring story occurred in the case of Randall v. Randall, 56 So3d 817 (Fla. 2nd DCA 2011). In the Randall case, the judge treated the engagement ring as a family heirloom, and provided that the husband could hold the ring, as long as he delivered the ring to his children as he saw fit.

The wife promptly filed an appeal of this ruling, and she easily prevailed on her appeal. The appellate court followed the general rule that an engagement ring is a gift, in contemplation of marriage, and once that marriage occurs, the ring belongs to the wife.

An engagement ring is simply not subject to equitable distribution, and the trial judge has no jurisdiction over the ring.