When a marriage ends, the question of “who gets the ring in a divorce” is more than symbolic — it can be emotionally and financially significant. At Hobson & Hobson, P.C., we guide clients across Atlanta, Canton, Marietta, Alpharetta, Milton, Roswell, and Duluth through every aspect of divorce, including the often-misunderstood issue of engagement and wedding rings. Here, we clarify how Georgia law addresses these questions, drawing on our decades of experience and the latest legal insights.
Understanding the Legal Status of Rings in Georgia
Engagement Rings: Conditional Gifts or Separate Property?
In Georgia, engagement rings are generally considered gifts given in contemplation of marriage. The law is clear: once the marriage takes place, the engagement ring becomes the recipient’s separate property. This means that in a divorce, the spouse who received the engagement ring typically keeps it. The rationale is that the “condition” of the gift — marriage — has been fulfilled. As a result, in a divorce, who gets the engagement ring is almost always the person who wore it.
Key Point:
- If the marriage occurs, the engagement ring is the recipient’s separate property and is not subject to division.
Wedding Rings: Separate Property by Default
Wedding rings exchanged during the ceremony are also treated as separate property in Georgia. This is a crucial distinction: separate property is not divided during divorce proceedings. Therefore, in a divorce, who gets the wedding ring is straightforward — the spouse who received the ring keeps it.
Key Point:
- Wedding rings are not considered marital property and remain with the recipient after divorce.
For more on Georgia’s property division laws, see the Georgia Code on Property Division.
Exceptions and Special Circumstances
While the rules are clear in most cases, there are exceptions:
1. Prenuptial or Settlement Agreements
If a couple has a prenuptial agreement or a specific settlement agreement that addresses the fate of the rings, the terms of that agreement will control. For those with family heirlooms or high-value rings, it’s wise to address these items explicitly in a prenup.
2. Family Heirlooms
Rings with significant family history may be treated differently, especially if there is clear documentation or a prenuptial agreement. However, Georgia courts generally maintain the gift principle unless compelling evidence suggests otherwise.
3. Broken Engagements
If the marriage never occurs, the engagement ring is typically returned to the giver. This is because the condition of the gift — marriage — was not fulfilled. For more on this, see Nolo’s Guide to Engagement Rings and Broken Engagements.
High-Asset and Contentious Divorces
In high-asset divorces, rings of significant value may be appraised and listed in the asset inventory. While the recipient usually keeps the ring, its value can influence negotiations over other assets. In contentious cases, rings with high monetary or sentimental value may become focal points, but Georgia courts consistently apply the gift principle.
Professional Insight: Our attorneys often advise clients to document the origin and value of particularly valuable rings before marriage and to consider prenuptial agreements for clarity.
Common Misconceptions About Rings in Divorce
Misconception 1: The Buyer Gets the Ring Back
Reality: Regardless of who paid for the ring, Georgia law treats it as a gift. The recipient keeps it after divorce.
Misconception 2: Length of Marriage Matters
Reality: The duration of the marriage does not affect who keeps the engagement or wedding ring in Georgia.
Misconception 3: Rings Are Divided Like Other Assets
Reality: Engagement and wedding rings are generally not subject to equitable division in Georgia divorces.
Professional Advice for Protecting Your Interests
At Hobson & Hobson, we recommend:
- Documenting valuable rings before marriage, especially if they are family heirlooms or high-value items.
- Including specific provisions about rings in prenuptial agreements if you have concerns about future disputes.
- Consulting with experienced family law attorneys to ensure your interests are protected, especially in high-asset or contentious divorces.
Our team leverages advanced technology and ongoing legal training to provide efficient, effective representation — whether you’re seeking an amicable resolution or need aggressive advocacy in court.
Recent Trends and Legal Developments
Georgia courts have remained consistent in treating engagement and wedding rings as separate property, but there is growing awareness around the need for clarity in high-value cases. As more couples enter marriage with significant assets, prenuptial agreements are becoming increasingly common to address potential disputes over rings and other personal property.
For more on prenuptial agreements and asset protection, visit the State Bar of Georgia Family Law Section.
Why Choose Hobson & Hobson?
With over 30 years of combined experience, our attorneys are uniquely equipped to handle complex family law matters, including high-asset divorces and contentious custody disputes. We offer:
- Special litigation training for efficient, effective outcomes
- A client-centric approach that balances empathy with assertive advocacy
- Five convenient office locations across metro Atlanta
- Cutting-edge technology for seamless legal solutions
We are committed to helping you make informed, confident decisions during challenging times. Learn more about our services at Hobson & Hobson, P.C..
FAQ: Who Gets the Ring in a Divorce in Georgia?
Q: In a divorce, who gets the engagement ring in Georgia? A: The recipient of the engagement ring keeps it, as it is considered their separate property once the marriage occurs.
Q: Who gets the wedding ring in a divorce? A: The spouse who received the wedding ring retains ownership; it is not subject to division.
Q: Can a prenuptial agreement change who gets the ring? A: Yes, a prenuptial or settlement agreement can specify a different arrangement for rings.
Q: What happens to the ring if the engagement is broken off before marriage? A: The engagement ring is typically returned to the giver, as the marriage (the condition of the gift) did not occur.
Q: Are rings ever considered marital property in Georgia? A: Only jewelry purchased during the marriage for oneself (not as a gift) may be considered marital property.
Additional Resources
- Georgia Legal Aid: Divorce Overview
- FindLaw: Georgia Divorce Laws
- American Bar Association: Divorce & Property Division
- Hobson & Hobson, P.C.
If you’re facing divorce and have questions about who gets the ring in a divorce, contact us for a confidential consultation. Our experienced team is here to protect your rights, your finances, and your peace of mind.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.