Marriage is a legal commitment to share resources and one’s life with another person. Married couples combine their income and share household expenses. They can make decisions about one another’s medical care in emergencies and may share responsibility for each other’s debts.
When people decide to divorce, they have to separate their property and financial obligations. That process often begins with the identification of separate property. Certain assets are not part of the marital estate. One spouse can retain those resources without worrying about sharing them with a spouse when they divorce.
People often focus on particularly high-value resources as they start looking for separate property. Is the engagement ring that one spouse received from the other marital property, or is it separate property?
Some people protect their engagement rings
An engagement ring is often a significant investment. According to industry data from 2024, the average cost of an engagement ring in the United States is $5,200. Many people with competitive income and comfortable standards of living spend between $5,000 and $10,000 on just the engagement ring. While the three-month salary rule is no longer standard, many people try to acquire beautiful and valuable engagement rings before proposing.
An engagement ring is a conditional gift. It belongs to the recipient provided that they meet the conditions implied during the transfer of the gift. Specifically, they have to solemnize the relationship by marrying their fiancé. Once the marriage occurs, the ring is no longer subject to any conditions. It is a gift that technically transfers from one spouse to the other at the time of the marriage. As such, it is common for the ring to remain the separate property of the spouse who received it.
However, there are occasionally special circumstances that influence what happens with an engagement ring during divorce. Some people use family heirlooms as engagement rings. In such scenarios, there may have been a verbal agreement between the spouses that the recipient spouse should return the ring in the event of a divorce. After all, the ring has emotional value for the other spouse’s family.
In some cases, the person proposing may suggest a prenuptial agreement. They may address the ring in the agreement. In some cases, the spouses may agree that the recipient should return the ring if the marriage doesn’t last a certain number of years or if they are the reason for the divorce. People may also specifically protect heirloom jewelry in prenuptial agreements regardless of fault or the duration of the marriage.
While the engagement ring may not be part of the marital estate, jewelry purchased during the marriage usually is. Although one spouse may not want the other’s earrings or collection of Swedish watches, determining the value of those resources can be important for a fair property division outcome.
Reviewing marital assets with a skilled legal team and learning about state law can help people as they prepare for asset division. Divorce forces people to look at emotional assets from a practical standpoint, and many people need help with that process.
