When you make the difficult decision to end your marriage, what will happen to your engagement ring can be a particularly contentious matter as they not only hold significant sentimental value but are often expensive pieces of jewelry. If you are going through a divorce and wondering how the courts will handle your engagement ring, it’s in your best interest to enlist the help of an experienced Division of Assets and Debts Lawyer who can help you fight for everything you deserve. Please continue reading to learn who gets to keep the engagement ring in a Massachusetts divorce.
How Are Marital Assets Divided During a Massachusetts Divorce?
Massachusetts is an equitable distribution state. This means, that in the event of a divorce, a couple’s marital assets are not automatically split 50-50 between the parties. Instead, the division of assets is conducted fairly, taking each party’s financial and domestic contributions to the marriage into account. Marital property refers to any assets acquired during the marriage. Separate property refers to assets acquired before the marriage. Marital property is subject to equitable distribution, whereas separate property is excluded. However, the “commingling” of separate property with marital property can cover that separate property into a marital asset, thus making it subject to equitable distribution.
What Happens to the Engagement Ring?
In most cases, the recipient of the engagement ring is within their right to keep this jewelry after a divorce. This is because it’s considered a conditional gift, meaning it was given on the condition that the couple would get married. If the engagement is called off, the recipient must return the ring to the gifter because the condition was never fulfilled. However, if the couple goes through with the wedding, but the marriage ends in divorce, the recipient can keep the engagement ring as the conditions of the gift were met.
Upon divorce, the engagement ring is not subject to equitable distribution as it’s considered separate property. This is because engagement rings are traditionally gifted before a legal union takes place. As mentioned above, only gifts exchanged during the marriage are considered marital property and thus are subject to equitable distribution in Massachusetts. It’s important to note that an engagement ring can be considered marital property if the asset is commingled with other marital assets. For instance, if the ring was altered in some way, such as changing the setting.
At The Law Offices of Cynthia L. Hanley, P.C., we are prepared to protect your rights and interests throughout the divorce process. Connect with our firm today to discuss your case.
