Who Gets The Engagement Ring in a Divorce?
Hey, what's up everyone? Divorce attorney Bobby Buchanan here in Chicago. This is Illinois Divorce TV. Today we're answering the question, what happens to an engagement ring in a divorce? Does it go to the wife? Does it go to the husband? And I'm speaking in terms of a traditional marriage, traditional engagement ring exchange here where the wife has received an engagement ring, which is usually of significant value, either monetary or an emotional value to the person receiving it. So who gets it during a divorce?
Well, when it comes to an engagement ring, it is most accurately classified as an inter-spousal gift and a inter-spousal gift received before the marriage is considered non-marital property. And the onus is on the person who gave it to the other side. So the husband has to prove that his intention was not to give it to his wife, which is almost impossible. So it's a gift that is conditioned on one thing and that one thing is them saying, "I do," at the marriage ceremony and obviously that has been done. So at that point, the engagement ring becomes irrevocably theirs and they will get it. The wife will get the engagement ring and all of its value in a divorce. I hope that clarifies the issue for you.
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