Making the decision to propose to your significant other is a big step. But as romantic as it can be, there are some less romantic aspects that must be considered. While you may have no doubt that this marriage will work out, it’s still important that you plan for any outcome. With this comes the question of who will get the engagement ring should your relationship end in divorce.
In Anticipation of Marriage
Whether or not you get to keep the engagement ring in the event of a divorce depends upon whether you were the one who was proposing or being proposed to. If you were the one who was proposed to, so long as you got married, the ring will be yours in a divorce, but if you were the one doing the proposing, you have no claim to it once you get married. This is because an engagement ring is considered a promise given in exchange for marriage. Therefore once the marriage occurs, both sides of the “contract” have been fulfilled and the ring becomes the property of the individual to who it was given.
However, if the proposal took place on a holiday, the argument can be made that the ring was a gift rather than one-half of an agreement. Therefore even if a couple doesn’t make it down the alter, there is still a chance that the recipient of the ring can keep it. It depends upon the specific facts of the case. That’s why it’s always best to avoid proposing on birthdays and holidays so that there is no room for argument.
But what happens if the ring is a family heirloom of the individual who proposed? Unfortunately, even if the ring is a family heirloom with great sentimental value, it doesn’t change the legality of the situation. Therefore it’s best to consider how you would feel about such an heirloom becoming the property of your spouse in the event that you should divorce. You may also consider drafting an agreement and having both parties sign prior to getting engaged that states that in the event of a divorce the ring will go back to your family. You would have a much better chance of getting your ring back.
The Suffolk County Family Law Attorneys at Macedonio & Duncan, LLP Can Help
If you or a loved one has is going through a divorce it can be a very emotional time. When you are already dealing with so much, the last thing that you want to do is to have to worry about tackling the legalities of your situation.
The Suffolk County family law attorneys at Macedonio & Duncan, LLP can help you to obtain the best outcome in your divorce. We understand the emotional and financial hardships that are often associated with the end of a marriage. We can help you to gather the necessary evidence and build a case to help you receive the most optimal outcome. To learn more or to schedule a confidential consultation, contact us today!