Wedding rings are a promise of love and commitment. Unfortunately, we don't always keep our promises. However, when our promise of marriage dissolves in the form of divorce, some might ask who gets to keep the wedding rings? Some couples might not think much about who gets the rings. Yet, many have a deep emotional attachment to them, others gave up family heirlooms and want them back, and some just realize that they can get a fair bit of money selling those rings. If you are getting a divorce and are looking to get the wedding ring from your spouse, here is what to consider.

Wedding Rings As Gifts

In most cases, when you divorce you are entitled to keep your own wedding ring. Legally, wedding rings are considered a gift from your spouse which means that once given, they no longer have any entitlement to them.

However, a spouse could try to argue that they were given on the specific condition that you marry them. Fortunately, a counter-argument would be that you did, in fact, marry them, thus that condition was fulfilled. If you were merely engaged and broke it off, then they may be able to get that ring back.

Rings as Marital Property

Often when a couple goes to purchase the rings, they are already sharing many things, including finances. If the rings were purchased with shared funds, such as an amount withdrawn from a shared saving account or on a shared credit card, then that would technically make the rings marital property. This means that a judge would likely rule that the rings need to be sold and the profits split. However, one spouse can technically buy the other spouse's share out if they want to physically keep the rings.

Need Help?

Often the case of who gets to keep the wedding rings is one of the simpler issues of a divorce. However, if your spouse is putting up a fight, your divorce is likely going to be messy. If you need help getting your fair share out of a divorce, contact us today.