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Who keeps the engagement ring if a couple gets divorced?

| Feb 16, 2021 | Divorce |

An engagement ring symbolizes a couple’s promise of love and the decision to marry, but when couples in Texas decide to end that marriage, they might wonder who should keep the ring. The answer, however, is not completely clear-cut.

What the law says

As with many other issues, the law here varies by state. Twenty-six states believe that if the marriage never occurs, the recipient should return the ring to the person who gave it to them. Other states, however, consider who decided to end the engagement, and that person does not get to keep the ring.

If the marriage does happen and the couple decides to divorce, the person who received the ring gets to keep it in most states. However, some states do consider the ring as part of the couple’s marital assets, so the value of the ring must be divided equally during the division of property.

What etiquette says

The decision of keeping the ring, however, is often more nuanced than simply following the law within the state. For many couples, there is an element of etiquette about this. In order to decide, some couples will look at several factors, such as if the ring is an heirloom in the giver’s family or if the ring is something they really want to have even after there will be no union.

Sources of tension in divorce

The engagement ring might be just one thing couples argue about during the process of divorce. Other factors might include:

  • Finances
  • Child-care and costs
  • Domestic or substance abuse
  • Differences in values and beliefs
  • Infidelity

If you decide to end your marriage, you might consult with a family law lawyer to help you prepare for your case. A lawyer might help you create a plan for your future during and after the divorce.