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Can you get your spouse’s engagement ring back in a divorce?

You spent more than $15,000 on your spouse’s engagement ring. It’s a beautiful piece, but it’s also a major financial investment. Many people drive cars that are worth less than that ring.

When your spouse files for divorce, you want to get the ring back. Can you do so? 

Did your spouse actually violate the conditions of the gift?

The main argument that people make when trying to get an engagement ring back is that it was a conditional gift. You said something along the lines of “will you marry me?” and your spouse said they would and took the ring. You only gave it to them under those conditions, like a contract. If they file for divorce, you feel they are breaking the contract and violating that condition, so they should give it back. 

This can be true in some cases, but usually only if your spouse ends the relationship while you’re engaged but before you get married. Otherwise, the only condition that they agreed to is that they would marry you. They did. Asking for a divorce does not change that because they already met the conditions of the gift and so the ring is no longer yours. 

In rare cases, an engagement ring will be part of a prenuptial or postnuptial agreement, such as when it is a family heirloom. If that applies, you definitely have a good case.

You still do need to divide your marital assets

In short, getting the ring back is difficult and rather rare. You are better off focusing your efforts on dividing your marital assets. Yes, the ring was expensive, but your other assets are worth far more. Make sure you know what steps to take to get what you deserve during the divorce process. 

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