In Massachusetts, an engagement ring is usually considered a conditional gift: given on the condition that the couple gets married. The normal expectation is that if the engagement is broken and the wedding doesn’t occur, then the ring will be returned. However, it doesn’t always work out this way. In the event a dispute about an engagement ring makes its way to court, the court will look at the circumstances surrounding the giving of the ring.
Some people give the ring on an important day in the calendar. An engagement ring given on a birthday or on Christmas may be given as an unconditional gift for the special day. If a court determines that the ring was a birthday gift, then it is not conditional and should not be returned. This concept should encourage giving the ring on a day that is only special because the engagement occurs on that day. It is also possible that a ring given on a birthday is still a conditional gift based on the statements made by the parties at the time. If the ring was given solely to mark the engagement of the couple, then the courts will view the gift as a conditional gift. The condition for giving the ring is the marriage of the couple in which case the gift is complete. As a conditional gift, it doesn’t make any difference how the couple breaks up or why. As of November, 2024 Massachusetts joined the majority of American states that hold it makes no difference why the couple breaks up. Under the new ruling, in all cases, upon a termination of the engagement, the ring must be returned to the donor. Fault in the breakup is no longer a factor.
The result is different after the marriage if a divorce occurs. Once the marriage occurs, the condition of the conditional gift has been met and the recipient of the ring gets to keep the ring. Once the condition of the marriage is met, the gift is complete. This doesn’t mean that the ring can never be returned. In a divorce in Massachusetts, a divorce judge has great discretion in property division. The judge’s power extends to almost all property including the engagement ring. This means that a judge can change ownership of the ring to fairly and equitably divide all property owned by the couple. As a general rule, a judge won’t look to change ownership of a ring unless the ring has significant value. In most divorces, the judge will let the recipient keep the ring.
If you are getting divorced an experienced divorce lawyer can advise you on property division including the manner to treat the engagement ring.
