When a couple divorces in Florida, they may be able to come to an agreement about who gets what. However, there are also scenarios where spouses cannot reach a resolution concerning some assets and need to leave the decision to a judge.
For example, resolving the matter of who keeps an engagement ring during a contentious divorce often depends on whether the ring is considered a gift or part of couple’s marital property. While many people assume that an engagement ring belongs to the person who received it, the legal answer can be more complicated.
Engagement rings as conditional gifts
Florida courts typically view engagement rings as “conditional gifts.” This means that a ring is given in contemplation of marriage, with the marriage itself being the condition that completes the gift. If the marriage takes place, the condition is fulfilled, and the engagement ring usually becomes the property of the recipient. Therefore, in most Florida divorces, the recipient will keep their engagement ring.
Under Florida’s equitable distribution laws, which govern the division of marital property during a divorce, gifts given before the marriage or after the separation are not considered marital assets. This means that the engagement ring, as a gift given before the marriage, is usually excluded from the division of property.
However, in contentious divorces, disputes may arise if the value of the ring is significant or if other assets are involved. One party may argue that the ring should be included in the overall settlement or used to offset other financial considerations. In such cases, the court will examine the circumstances of the gift and the division of other marital assets before making a final ruling.