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Can you get the wedding ring back in divorce?

Family Law Blog

Can you get the wedding ring back in divorce?

On behalf of Law Offices of Barry I. Finkel, P.A. posted in High Asset Divorce

On behalf of Law Offices of Barry I. Finkel, P.A. posted in High Asset Divorce on Friday, June 8, 2018.

You spent $10,000 on a wedding ring for your future bride. You got married. Seven years later, you're getting divorced.

You wanted to buy a sports car when you bought that ring. Now you want it back so that you can sell it, after the divorce, and use the money as a down payment. Can you get it back?

Probably not. The most common way that men get the ring back is if the woman decides not to get married at all. Then, the ring is often looked at as a gift with a condition. Since the two of you never married, the condition was not satisfied, so the gift no longer holds up.

In your case, you did get married. That satisfies the condition, so you cannot get it back.

In other instances, courts have ruled that wedding rings do not even count toward your estate when dividing assets. Since you gave it to your wife when the two of you were single -- dating does not matter in the eyes of the law -- it's just a gift. You can't demand it back any more than a gift you gave your brother or your old college roommate.

In some cases, courts will consider fault. Perhaps your wife committed adultery. You may be able to ask for the ring back, saying you wanted the marriage to last, but she ended it by being unfaithful. This can work in some cases, but odds are that you can't get that wedding ring back at all.

Property division gets complicated, especially with high-value assets. Make sure you know what legal options you have.

Source: Huffington Post, "Give Me My Ring Back! (Who Gets the Wedding Rings in a Divorce?)," Natalie Gregg, accessed June 08, 2018

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