When an engagement doesn’t work out, what happens to the ring? What about wedding rings after a divorce? This article discusses the Florida law on engagement rings.
Whether your marriage ends in divorce or your engagement is broken off, you may be wondering if you need to give back your ring. Engagement rings and wedding rings can cost anywhere from a few thousand to tens of thousands of dollars, so it should be no surprise that many people are curious about what happens to the engagement and wedding rings after divorce.
Here’s what you need to know.
Florida Law on Engagement Rings
In Florida, one of the most important factors that determine who gets to keep the engagement ring is whether the wedding takes place. The Florida law on engagement rings considers this a conditional gift. If you get married, you have met the conditions of the agreement and are not usually required to return the ring. However, if the wedding is called off, you may need to give the ring back.
Many courts may consider who broke off the engagement when determining whether you need to return the ring. If the recipient stopped the marriage from moving forward, they may be required to give it back because they are the cause of the conditions of the gift not being met. On the other hand, if the giver of the ring calls the wedding off, the recipient is not the one who broke the agreement and may be able to keep the ring.
All of this depends on the details of each case, so it is important to speak to an attorney.
What about the wedding ring after divorce?
Unless there is a prenuptial agreement in place that stipulates what happens to the wedding ring after divorce, the recipient is often entitled to keep it. In Florida, wedding rings are not subject to equitable distribution after a marriage ends in divorce. However, it may be possible to recover a ring through litigation if it has significant value as a family heirloom.
While there is no statute that covers wedding or engagement rings that are family heirlooms, you may be able to recover it by working toward an out-of-court settlement. The first step you need to take to start the process is to retain an experienced family law attorney to guide you through the often complicated procedures surrounding this type of case.
Need help? Talk to an experienced family law attorney.
Divorce and broken-off engagements are difficult situations to go through. But you don’t need to do it alone. In fact, talking to an attorney may help you get the results you want.
If you need help determining how property is divided after divorce or want to discuss pursuing an out-of-court settlement to recover a wedding or engagement ring, don’t wait to get in touch with me so we can discuss your case.
About the Author: Helena Y. Farber is a Divorce attorney in Aventura, Florida, whose practice is concentrated in the areas of divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
Disclaimer: The attorney makes this Blog available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and the Blog. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.