Who Gets the Wedding Ring in a Wisconsin Divorce?

Are Wedding Rings Marital Property?

Wedding rings are considered marital property, so they are divided with the other assets during the property division process. Even though wedding rings are bought before the marriage and are technically given to the other spouse before the marriage’s “determination date,” it is considered to be owned by both parties because the ring is a commingled asset.^[1] A commingled asset is one that is a non-marital asset that then gets share between spouses. 

The division of marital property is where assets are split 50/50 between both parties. All things that are jointly owned or used jointly are considered marital property. On the other hand, the only assets considered to be owned by one spouse are assets acquired through a gift or inheritance from a third party. To best work through the intricacies of property division in Wisconsin courts, talk to an attorney who specializes in family law such as Sterling Lawyers.

What to Do with a Wedding Ring After Divorce?

There are many options of what to do with a wedding ring after divorce from selling it to donating it to returning it to the other party. You have to do what is best for your emotional and financial health, but here are some options:

• Keep it in a memory box.
• Save it for a child if you have any.
• Donate it to a charity that can resell it.
• Bury it or give it a ceremonial goodbye.
• Have a jeweler repurpose the gems.
• Sell it and buy something better.
• Give it back, especially if it’s a family heirloom.

Who Gets the Engagement Ring in a Divorce?

As long as the couple is married, then the engagement ring will be considered marital property because Wisconsin is a marital property state. Within this, there are always unique situations. For example, if the parties have been married for only a short period, then the receiving party can try to argue that the ring is a premarital asset. But, if the engagement ring is soldered to the wedding ring, then they become one ring, and it is considered marital property.

Who Gets the Ring if the Engagement Is Broken Off?

The person who received an engagement ring may have to give it back if the wedding is called off before the marriage. The receiving party would have to return the ring if it is considered a conditional gift.

A conditional gift is a gift with a condition attached to it. In this situation, the gift is an engagement ring with the condition of marriage. Because parties are not married, deciding who gets the engagement ring is part of civil law, so you would need a civil law attorney for this case. If the parties live together, the case could be considered under Watt’s law which is referenced for property division when unmarried parties cohabitate.