Do I Have to Give My Husband My Engagement Ring Back if We Get Divorced?

 Posted on April 05, 2022 in Divorce

Engagement rings are often one of the first major purchases someone makes as part of a committed relationship, and, after a marriage, a wedding ring may remain among the most valuable pieces of property in a home for many years to come. In addition to their sentimental value, people can spend many thousands of dollars on engagement rings and wedding bands; there may understandably be some concern about what happens to wedding and engagement rings in an Illinois divorce when marital property must be divided. 

Is an Engagement Ring Marital Property? 

The first step in dividing a couple’s property during divorce is determining what property is actually subject to division. Couples were individuals with their own belongings before they were married, and although most property acquired during a marriage is considered marital property, certain categories are exempt. These factors make dividing marital property more difficult than it may seem at first glance. 

One of the most important categories of personal property that is not divisible in a divorce is that of gifts - objects either spouse received as a gift intended exclusively for that spouse generally remain the personal property of the spouse to which the gift was given. Engagement rings are generally considered a gift in exchange for the promise of marriage. While a broken-off engagement can require an engagement ring to be given back, once a couple is married, the promise of marriage is fulfilled; the engagement ring becomes, and remains, the personal property of the spouse who wears it. For these reasons, in a divorce both engagement rings and wedding rings are considered personal property of the spouse to whom they were given and are not subject to division. 

What About Other Valuable Gifts? 

As time goes on and married couples become more financially stable, spouses will often give each other increasingly expensive gifts. Jewelry, vehicles, and even real estate can be gifted. Generally, when gifts are given from one spouse to the other during a marriage, they are considered part of the marital estate unless there is clear evidence that the gift was given exclusively to one spouse. The issue of valuable gifts can, therefore, become quite complicated and require the help of a competent divorce lawyer to manage. 

Call a Wheaton, IL Property Division Lawyer

If you need help understanding how ownership of gifts, inheritances, or collectibles could be influenced by getting divorced in Illinois, schedule a consultation with a DuPage County property division attorney with The Stogsdill Law Firm, P.C.. We are committed to helping you keep what is yours and obtain an equitable division of your shared marital property. Call us now at 630-462-9500. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000