Florida Divorce: Your Guide to Wedding Rings and Engagement Rings
Engagement rings are expensive. It is not uncommon for people to spend several thousand dollars—or far more—on a ring. This raises some important questions:
- Who gets the ring if you never actually get married?
- What if both parties agree to break off the engagement?
- What happens if you do get married but end up getting a divorce?
In Florida, the answer depends on when the relationship ended and why it ended. Here, our Boca Raton and Coral Springs divorce lawyers explain the key things you should know about our state’s laws regarding wedding rings and engagement rings.
Engagement Rings are Conditional Gifts
Similar to most other jurisdictions, engagement rings are considered to be “conditional gifts” in Florida. A person who receives a ring is only entitled to keep their individual property interest in that ring if they satisfy the mutually agreed upon condition—that, of course, being going through with the marriage.
While individual cases can be extremely complicated, a person in Florida is usually required to return the engagement ring that they got if they decide not to go through with the marriage or if the relationship is terminated based on mutual consent before marriage. On the other hand, if the party who gave the ring is the person who breaks off the relationship, they are typically not legally entitled to get the ring back.
Engagement/Weddings Rings are Not Subject to Equitable Distribution in Divorce
On the date of a marriage, the implicit conditions that were attached to an engagement ring are satisfied. As such, an engagement ring/wedding ring is viewed as a pre-marital gift that is not subject to Florida’s equitable distribution standard (Florida Statutes § 61.075). In other words, a spouse who receives a ring gets to keep it even if there is a divorce. The major exception would be if there is a relevant prenuptial agreement in place.
No Special Rules for Family Heirlooms—But an Attorney May Be Able to Help
Finally, it is worth emphasizing the fact that Florida does not have a special statute in place for family heirlooms or wedding/engagement rings that otherwise have strong sentimental value. If you are getting divorced and you want to recover a ring that was passed down through your family, the best approach is typically to work towards reaching an out-of-court settlement. An experienced South Florida divorce lawyer will be able to review the specific circumstances of your case and help you determine the best path forward.
Speak to Our Divorce Lawyer for Immediate Assistance
At Williams & Varsegi, LLC, our Florida family law attorneys have deep experience handling high net worth divorce cases. If you have questions or concerns about wedding rings and engagement rings, we can help. For a completely confidential, no obligation initial consultation, please contact us today. With office locations in Boca Raton and Coral Springs, we handle divorce cases in Broward County, Palm Beach County, and throughout South Florida.
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