There are many objects that fall into equitable distribution when you and your ex end your relationship or marriage. But what about the engagement or wedding rings? These things are typically a precious and expensive gift, and they come into consideration when individuals are deciding who gets what. However, in New Jersey, there is a law that removes the guesswork and lays out how engagement rings are supposed to be handled in a divorce or separation. Wedding rings are a bit different, so let’s discuss who keeps the ring in a divorce today.
Key Takeaways
- In New Jersey, engagement rings are conditional gifts. If the engagement ends, the donor may reclaim the ring.
- The case of Aronow v. Silver established that regardless of who ends the engagement, the ring is typically returned to the donor.
- Couples can negotiate the division of rings with legal assistance, considering factors like selling them or determining who keeps them.
- For personalized legal support in divorce proceedings, individuals can contact Ziegler Law Group, LLC.
Who Keeps The Engagement Ring in a Divorce?
As per the ruling during the case Aronow v. Silver, 233 NJ Super 344 (1989), engagement rings are called a “conditional gift,” meaning that a condition must be fulfilled before the recipient receives the item. In the case of an engagement, that condition is saying “yes” to the proposition of marriage. Should the engagement be terminated by one or both of the parties, it is possible that the donor of the ring—the one who offered it to the other person—can reclaimed it.
However, if the wedding does take place, then the condition of contemplating marriage has been fulfilled. In this case, the Court will rule in favor of the one who received the ring, as the condition was completed, even if the marriage only lasted a couple of months.
Does It Matter Who Ends The Engagement?
Considering the engagement ring is a conditional gift, New Jersey considers it as something that must be returned to the original owner, no matter who called off the wedding. Let’s look once again at the case of Aronow vs. Silver, which involved a couple who ended their engagement three days before their marriage. In the case, the Court ruled that regardless of who ended the engagement, the ring needed to be returned, because it was a conditional gift. Even if the ring was sold off, the original owner would be legally entitled to the monetary value of the ring, as per this landmark ruling.
So no, it does not matter who ended the engagement or the reason why. The ring must be returned to the original owner.
What About Wedding Rings?
If an engagement ring is considered conditional, then what about the wedding ring? Unlike an engagement ring that is received after completing a condition, the wedding ring is something that is received during the wedding and, thus, becomes a marital asset. In other words, being that New Jersey is an equitable distribution state, where things are divided fairly between you and your spouse.
Typically, with the aid of a New Jersey divorce lawyer, you can often come to an agreement with your spouse about what to do with the rings. Some people decide to sell the rings and split the profits as part of the property and asset division. Others may decide to keep the ring. In some cases, depending on the assets present, the Court may rule that one individual receives the monetary value of both rings, if that is considered the most fair outcome.
Can a Lawyer Help Me Get the Ring Back?
The answer depends on the conditions surrounding the engagement or wedding ring. If the engagement or wedding ring can be considered a conditional gift, then the ring may be reclaimed if the wedding does not take place. However, if the wedding has taken place, it does not matter how little time has been spent married. The condition has been fulfilled, and the law states that the conditional gift is not something that can be taken away.
That said, there may be unique circumstances surrounding your case. For example, maybe there was something expressed in your prenuptial agreement about the ring that the other party is attempting to renegotiate. If you’re facing difficulty retrieving an engagement ring, consulting with a lawyer whose practice is focused on family law or civil litigation could provide you with guidance on your legal options and help you understand the best course of action based on the laws applicable to your situation.
Contact a New Jersey Divorce Lawyer Today
When it comes to the division of engagement and wedding rings in a divorce, the laws in New Jersey provide clear guidance. Engagement rings are considered conditional gifts, and if the marriage does not occur, the donor may have the right to reclaim the ring. If you’re facing challenges retrieving an engagement or wedding ring during a divorce or separation, it’s crucial to seek legal advice from a knowledgeable attorney who understands family law.
At Ziegler Law Group, LLC, we understand the complexities of divorce proceedings and can provide you with the guidance and support you need to navigate this process successfully.
Don’t hesitate to reach out to us today by calling 973-533-1100 to schedule a consultation with one of our New Jersey divorce lawyers. Let us help you protect your rights and achieve a fair resolution.
