What to Do With Your Wedding Ring After a Divorce

We spoke with an attorney to break down your legal rights once your marriage has ended.

black and white couple interlocking fingers showcasing their wedding rings

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The end of a marriage typically brings about many complex scenarios and questions you never thought you'd experience or ask. For example, the division of assets is a common and complicated step in a divorce, and forces many couples into drawn-out conversations over end tables and bedroom sets. But once it’s decided who gets the house and who gets the dog, along with other items accumulated during a marriage, one question that typically remains is, "What do you do with your wedding ring?"

The short answer: Deciding what to do with this piece of jewelry requires some legal and emotional guidance. While no one who gets married expects to get divorced, if you do happen to find yourself in this position, understanding your rights will help you avoid time (and money!) spent arguing in a court of law.

That's why we consulted with divorce attorney Stan Cohen to help you figure out what to do with your wedding ring post-divorce. Read on to learn more.

Meet the Expert

Stan Cohen is a New York City-based divorce attorney with over 25 years of experience. As a results-oriented negotiator and closer, Cohen brings a positive spirit, a strong work ethic, and a sense of humor to all legal matters.

Who Gets the Wedding Ring After a Divorce?

According to Cohen, wedding rings are viewed as an “inchoate,” or anticipatory, gift to an intended bride or groom. Meaning, “Once married, the gift is ‘earned’ and ‘non-refundable.’ In a divorce, [the wedding ring is] usually seen as separate property in the divorce since it was given as a gift," shares the lawyer.

This is not to be mistaken with the law surrounding wedding rings pre-marriage, however, which states that "Until the wedding, [a wedding ring] remains the property of the donor,” says Cohen. In California, Texas, and Washington, though, a ring is seen as an implied conditional gift, and the person who is “left at the altar” can choose to keep the ring in exchange for their troubles. In Montana, specifically, the legal system views wedding rings as an unconditional gift, meaning "not subject to any conditions."

There are exceptions to every rule, but generally speaking, each partner gets to keep their respective rings post-divorce.

What to Do With Your Wedding Ring After Your Divorce

While it might seem like a relief that your ring is one of the few material possessions you won’t be arguing over in court, figuring out what to do with this piece of jewelry might still be difficult. Luckily, you have a few options, as highlighted below.

Keep It

Let's face it, a divorce is a drastic change in your life. So if you’re not ready to let go of this last symbol of your marriage—something you likely wore every day—hang onto it for a while. You can keep it and pass it down to your children, or tuck it away in a drawer for a few years until you feel ready to give it away or give it a second life.

Sell It

If lawyers and long court battles drained your savings account, or if you'd rather find a way to get some extra cash, consider selling your wedding ring and using the money to kickstart this new chapter in your life. If you don’t need the cash, though, you can donate the money to a worthy cause.

Repurpose It

If you love your wedding ring but not what it stands for, make it into something new. Today, it’s very common for people to turn their "divorce diamonds" into entirely new pieces of jewelry, like a necklace or earrings. “It’s an easy way to use it forever without any of the sentiment being part of the story,” says Cohen.

FAQ
  • When should someone sell their wedding ring if they don't have children or don't intend to pass it down?

    This depends on your specific situation. “There are circumstances in divorce actions that might give pause to selling the ring while property is not yet divided,” shares Cohen. “So it’s more of a strategic reason versus strictly legal reason.”

  • If the ring was an heirloom from their partner's family, could there be any legal recourse for keeping or selling it?

    “If the ring given has some family significance, I’d advise assuring there is a provision in the pre-nuptial,” says Cohen. If there was no pre-nuptial agreement, the ring is seen as a gift and technically belongs to the person who wore it. At that point, it’s up to the owner to decide whether to return it or not. Thus, the owner can decide to bargain the ring for something of similar or greater value in the divorce, hoping that the sentimental value of the ring will be worth more in the end to their ex-partner. Divorces can get ugly for this reason, which is why pre-nuptial agreements are strongly advised by lawyers, including Cohen.

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