One of the most controversial items that divorce lawyers have to address in a divorce case is what we do about wedding rings and engagement rings. The law on how to handle these two things is quite tricky, and can be a trap for people who do not have an experienced lawyer. These rings are also often worth a lot of money. Therefore, it is important to have a general idea of how the court treats these two items.

So how do Virginia courts handle wedding rings and engagement rings?

How Does a Virginia Court Divide Engagement Rings During a Divorce?

For the most part, the answer to this question is that they do not. There are some factual exceptions that can come into play, but engagement rings are often considered to be separate property in Virginia. Generally, in a Virginia divorce case, the Court is only dividing what we call “marital property,” or property attributable to the marriage.

Engagement rings, however, are usually purchased prior to the marriage and are gifted from one person to another. Most people consider engagement rings to be part of the marriage, but the law mostly disagrees with that.

The Virginia courts have ruled that rings given prior to the marriage are considered pre-marital gifts and belong to the person who received the ring. Therefore, the divorce court does not have the power to force the receiving party to give it back.

How Does a Virginia Court Divide an Engagement Ring if the Marriage Does Not Happen?

Often times, people break up before they get married. That leads many people to asking whether they can get the engagement ring back. The answer to this scenario is a mixed bag and depends on a lot of different factors. If the ring was only given believing they were going to get married, Virginia law considers that a “conditional gift.” In other words, it is a gift that has not happened yet. Therefore, if the marriage does not happen, the engagement ring goes back to the giver.

There are some scenarios where there may be other promises in exchange for the ring. In those scenarios, the ring could go other way depending on what has been agreed to.

How Do Virignia Courts Divide Wedding Rings or Wedding Bands?

Many couples decide to memorialize the wedding by buying wedding rings or wedding bangs in addition to the engagement ring. These types of rings are much more difficult to divide than engagement rings and often turn on a number of different factors. For example, the timing of the wedding rings being exchanged, whether there was a certificate of marriage prior to the ceremony, and where the money for the wedding rings came from.

These same issues can come up if the engagement rings are changed in some way after the marriage has been confirmed.

Why You Need a Lawyer

Every case is unique, and the facts and circumstances behind how the rings were exchanged will often change how the court will view the rings. An experienced lawyer can help walk through how the rings were purchased and give you additional insight on how the court will treatt the rings. Since rings are an expensive commodity, it is best to make sure you get the right answer.