Legal Question in Family Law in Florida

is there a loophole in the law that allows me to keep my engagement ring?


Asked on 7/14/14, 3:34 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

As a matter of fact, there is. In a Florida divorce, a couple must equally divide (or a judge will divide) all of their "marital property." Though their are a few exceptions to the rule, "marital property" generally means all property that a couple earns or receives since the date of marriage.

An engagement ring, though, is a received, obviously, BEFORE the date of marriage. It is a premarital gift, not marital property. That means, since it's a premarital gift, it stays with the wife.

Now, I assumed that the you are married. If you are just engaged, then Florida law is unclear, but most judges will give the ring to whomever did not bring up the engagement. In other words, you can't break up an engagement and still keep the ring. The idea is, an engagement is a contract for marriage. You can't be rewarded and keep the ring if you break the contract.

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Answered on 7/14/14, 3:44 pm
John Smitten Carey and Leisure

The engagement ring is by definition a non-marital asset.

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Answered on 7/15/14, 2:54 am


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