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Respected Contributor
Posts: 3,090
Registered: ‎01-13-2012

If a couple divorces, must the woman return the engagement ring?  I always thought it was a gift and therefore you don't ask for gifts back.

Honored Contributor
Posts: 14,294
Registered: ‎11-03-2018

It depends on the state they live in.

 

If the state allows it, the wife is entitled to keep the ring after divorce. 

Honored Contributor
Posts: 21,733
Registered: ‎03-09-2010

If the ring is given before the marriage, the person, in most cases, is legally required to return it. The ring is only in contemplation of marriage.

 

Once divorced, it can go two ways, depending upon the state. Either it is the recipient's property or it is community property, in which case the value would be apportioned to both.

 

Certain circumstances could affect the ruling.


~Who in the world am I? Ah, that's the great puzzle~ Lewis Carroll, Alice in Wonderland
Honored Contributor
Posts: 21,733
Registered: ‎03-09-2010

@suzyQ3 wrote:

If the ring is given before the marriage, the person, in most cases, is legally required to return it. The ring is only in contemplation of marriage.

 

Once divorced, it can go two ways, depending upon the state. Either it is the recipient's property or it is community property, in which case the value would be apportioned to both.

 

Certain circumstances could affect the ruling.


https://info.legalzoom.com/legally-return-engagement-ring-getting-divorced-24115.html


~Who in the world am I? Ah, that's the great puzzle~ Lewis Carroll, Alice in Wonderland
Honored Contributor
Posts: 69,397
Registered: ‎03-10-2010

I've never heard of a divorced woman returning a ring.  She fulfilled her part of the deal when she married the guy.  Why give it back?

New Mexico☀️Land Of Enchantment
Honored Contributor
Posts: 12,702
Registered: ‎08-22-2013

My son says he would spend 3 months salary on a diamond engagement ring, I can guarantee you, he'd want the ring considered as part of the settlement.

Honored Contributor
Posts: 11,015
Registered: ‎03-09-2010

Never heard of a woman returning a wedding ring or the possibility of a requirement of such.  I still have my engagement ring and the 10 year anniversary ring he bought me.  Had it re-sized for a right hand ring.  Now he did give me back his wedding ring thinking it would hurt me but I just tossed in my jewelry box for about 18 years and gave to my son a couple of years ago.  The fool actually asked me for it back a couple of years after the divorce, I said Nope.

"Live frugally, but love extravagantly."
Honored Contributor
Posts: 30,918
Registered: ‎05-10-2010

Like most things, it probably depends on the State.  Some states probably do see engagement rings a gift that are given in anticipation of a marriage.  If the marriage doesn't happen, the woman is required to return the ring.  Other, states view engagement rings as gifts to women...period.  The woman is not required to give it back.  I read somewhere years ago, that men should not give an engagement ring to a woman on Christmas or Valentines Day or on her birthday because it can be construed as being just a gift.  I don't think there are any state laws about this, I think it's how the state's courts look at it.

Honored Contributor
Posts: 13,484
Registered: ‎11-24-2013

I haven't read the other answers. In MOST states an engagement ring is given with the expectation of marriage.

 

If the marriage occurs, the woman keeps the ring, even if there is a divorce.

 

If the marrige does NOT take place, in MOST states, the ring must be returned.

Frequent Contributor
Posts: 80
Registered: ‎03-18-2019

20 years ago I married a man who then chose to have various affairs. You bet your bottom I kept that darn ring. Then I pawned it to pay my divorce attorney. 

I have remarried a wonderful (and faithful) man and I have kids and have a happy life. I do not regret a single choice I made. 

If a couple mutually decided to end their marriage then they should just work out where the ring goes between themselves. 

If a woman decides to end the marriage for her own reasons then she should indeed give the ring back.