When you are going through a divorce there are many questions to be asked and answered, one of which being “Who gets to keep the engagement ring?” There are many nuances in how assets are split when a marriage ends and it is important to understand your rights. Speak with a skilled Bergen County property division lawyer for more information and representation.

Is an Engagement Ring a Conditional Gift?
Under New Jersey state law, yes, engagement rings are considered conditional gifts. A conditional gift is a present given to a person on the condition that something happens or they receive something in return. It is essentially gifted with strings attached.
When an individual proposes to another person, they are gifting the engagement ring on the condition that the recipient of the jewelry will marry them. Even after the recipient says yes, the ring does not technically belong to them until the condition is fulfilled. Once the two individuals officially get married, the ring becomes the recipient’s property.
Who Keeps the Engagement Ring in a Divorce in NJ?
The question of who gets to keep the engagement ring in New Jersey was answered via the 1989 court case Aronow v Silver. In this case, a man and woman were engaged but in a tumultuous relationship where the woman called off the wedding several times over the course of the engagement before the relationship officially ended, just days before the marriage was to take place.
In this particular case, the man who gifted the ring was awarded ownership over the piece based on the fact that the marriage never happened and therefore the condition of the gift was left unfulfilled. A fault rule was also considered, as the recipient of the ring in this case caused the relationship to fail. However, fault is not always considered in these cases.
As Aronow v Silver demonstrates, because engagement rings are considered conditional gifts in New Jersey, ownership is transferred to the recipient upon the pair being legally wed. Because of this fact, the individual who was given the ring generally gets to keep it even after a divorce. As long as the couple got legally married, the condition of the gift was met and the recipient officially owns the jewelry.
Property Division in Divorce
If you are getting divorced, then it means that you previously fulfilled the condition of marriage after being gifted your engagement ring. While an NJ court may award you ownership of the jewelry, there are other factors to consider.
If the ring was a family heirloom or is exceptionally important to your spouse, they may want it back after the divorce. It is generaly your right to keep it, but you may choose to return it under certain circumstances. While you may do it just to be kind and expect nothing in return, it is important to consider asset distribution. You may offer it in exchange for additional property or use it as a bargaining chip for something important to you.
For more information on your legal rights during your divorce, reach out to an experienced family lawyer today.