Can I Keep My Wedding Ring in a New Jersey Divorce?

When people begin the divorce process, they generally have several important questions regarding what will happen to their property. Though larger assets, such as the marital home, retirement accounts, vehicles, and bank accounts, are often at the forefront of these conversations, personal belongings can also become points of concern, especially when they are financially or sentimentally valuable. For many people, their wedding ring falls directly into this category. If you are getting divorced, you may wonder whether your spouse can ask for the ring back, whether its value will be divided, or whether you will simply be allowed to keep it. Continue reading to learn more about how New Jersey law generally treats wedding rings and other jewelry during the divorce process, and contact the skilled divorce lawyers in Sussex County here at Gruber, Colabella, Thompson, Hiben & Montella for assistance today.

Is a Wedding Ring Considered Marital Property in New Jersey?

Generally speaking, a wedding ring is not considered marital property that must be divided during a divorce. Instead, it will typically be considered the separate property of the spouse who received the ring.

New Jersey courts make an important distinction between marital property and separate property when determining which assets should be distributed between spouses. Marital property is generally property that was acquired during the marriage, while certain property, such as qualifying gifts from one spouse to the other, may remain separate.

A wedding ring will usually fall into the latter category because it is considered a gift to the spouse who received it. Therefore, even though the ring was given in connection with the marriage, the recipient will typically be considered its owner. Generally, this means:

• You will most likely be allowed to keep your wedding ring after your divorce.
• The value of your wedding ring will ordinarily not be divided between you and your spouse.
• Your spouse typically cannot demand that you return the ring simply because you are getting divorced.
• An especially valuable ring may require further consideration if there is a legitimate dispute regarding ownership or how it was purchased.

What Is the Difference Between an Engagement Ring and a Wedding Ring?

Though engagement rings and wedding rings are frequently discussed together, the law generally treats them somewhat differently, particularly before the marriage takes place.

An engagement ring is typically considered what is known as a conditional gift. Essentially, the ring is given with the understanding that the recipient will marry the person who gave it to him or her. If the engagement ends before the wedding occurs, a dispute can arise regarding whether the ring must be returned.

That being said, once the marriage actually occurs, the condition attached to the engagement ring has generally been satisfied. At that point, the engagement ring will typically become the separate property of the person who received it.

Therefore, if a married couple later gets divorced, both the engagement ring and the wedding ring will generally remain with the spouse to whom they were originally given.

Can Jewelry Ever Be Divided in a New Jersey Divorce?

Yes. Though engagement rings and wedding rings will typically remain separate property, other jewelry purchased or acquired during the marriage may potentially be subject to equitable distribution.

For example, if expensive jewelry was purchased using marital funds and was not clearly intended as a gift to one spouse, questions concerning its ownership may arise. New Jersey courts may consider several factors when determining whether jewelry is marital or separate property, including:

• When the jewelry was acquired
• Who purchased the jewelry
• Whether the item was intended to be a gift
• Whether marital or separate funds were used
• Whether the jewelry was inherited
• Whether receipts, insurance documents, appraisals, or other records establish ownership

You should also note that New Jersey follows the rule of equitable distribution, which does not necessarily mean that marital property will be divided equally. Instead, property is divided in a manner the court considers fair based on the circumstances of the marriage.

For this reason, properly determining whether an item is marital or separate property can be extremely important. If you are getting divorced and have questions about your wedding ring, other jewelry, or any valuable personal property, please don’t hesitate to contact a divorce attorney from Gruber, Colabella, Thompson, Hiben & Montella today.