Do You Have to Give Back the Wedding Ring During a Divorce?
Do you have to give back the wedding ring if you divorce in Florida? The general answer is "no", although there are some considerations.
Florida’s equitable distribution laws govern what happens with property during a divorce. Under the equitable distribution laws, assets and liabilities must first be determined to be marital or nonmarital. Nonmarital assets are set aside and not divided between the divorcing spouses. Assets and liabilities that are determined to be marital are part of the marital estate, and the court must divide them.
Technically, a gift from one spouse to the other during the marriage is considered a marital asset that's included in the division of property. A wedding ring would fall under this law. However, Florida courts generally view wedding rings as a premarital gift. This means the court doesn't include the ring in the division of marital property and considers it to be the individual property of the spouse who received it.
The major exception to this premarital gift concept is if the parties signed a legally valid prenuptial agreement that says the ring should be returned in a divorce. The court will most likely enforce that agreement.
Florida’s equitable distribution laws govern what happens with property during a divorce. Under the equitable distribution laws, assets and liabilities must first be determined to be marital or nonmarital. Nonmarital assets are set aside and not divided between the divorcing spouses. Assets and liabilities that are determined to be marital are part of the marital estate, and the court must divide them.
Technically, a gift from one spouse to the other during the marriage is considered a marital asset that's included in the division of property. A wedding ring would fall under this law. However, Florida courts generally view wedding rings as a premarital gift. This means the court doesn't include the ring in the division of marital property and considers it to be the individual property of the spouse who received it.
The major exception to this premarital gift concept is if the parties signed a legally valid prenuptial agreement that says the ring should be returned in a divorce. The court will most likely enforce that agreement.