An issue that pops up quite frequently in divorces and broken engagements is who keeps the rings? In Florida, an engagement ring is considered “a gift made upon the implied condition that a marriage ensue”. When it comes to broken engagements, this means that since the marriage did not take place, the engagement ring must be returned.
However, what happens when the marriage does take place? Is the engagement ring marital property subject to equitable distribution? The answer is simply no. Once the condition of marriage takes place, the engagement ring becomes the property of the recipient. Since it was given to the recipient before the marriage, it is considered non-marital property. This principle was reiterated most recently last year in Randall v. Randall 56 So. 3d 817 (Fla. 2d DCA 2011).
That know leaves the question of the actual wedding rings. Since those rings were exchanged during the marriage, then they are marital property subject to equitable distribution.
Andrew G. Storie is a family law and divorce attorney who serves Orlando and all of Central Florida. For more information, or if you have questions please visit www.storielaw.com or call us at (407) 838-0887.