No one gets married thinking they will eventually get divorced. However, things change, and good relationships can deteriorate over time. If divorce is on your mind, you may be wondering whether there’s a chance you can recover the expensive marriage or wedding ring you bought for your spouse. Unfortunately, you might not get back the engagement jewel unless you signed a prenup, but you could get a share of the wedding rings.
The engagement ring was a gift you gave to your spouse before the marriage. The law considers gifts made outside of the marriage as separate property, which is why you may not get it back. As you gave the gift before you got married, the ring legally belongs to your spouse. However, you could get it back if you signed a prenuptial agreement stating that you could keep it in the event of divorce.
The wedding rings are different, as you exchanged them during the wedding ceremony. The court may consider wedding rings as marital property because they are an interspousal gift that was given at the beginning of the marriage. For this reason, the court will divide the value of the rings in a way they consider fair for you and your spouse.
Protecting your purchase
Wedding and engagement rings are usually very expensive, which is why it is reasonable that you would want them back if you decide to divorce. Your engagement ring will belong to your spouse. However, you could sign a postnuptial agreement to change that. Not everything is lost, and you may still have time to get the jewels back.