The general rule is that any property acquired during the marriage (including gifts and inheritances) is considered to be joint property, and will be divided equally between the two spouses in the event of a divorce.
Due to the fact that the wedding rings are exchanged during the wedding ceremony, they are considered interspousal gifts and thus marital assets. Upon dissolution of the marriage, each spouse would each receive one half the value of both rings.
Historically, the Courts in Australia viewed engagement rings as gifts. If the ring was given in contemplation of marriage, but the marriage did not go ahead, the person who gave the ring is entitled to have the ring back because it would be unconscionable to retain the ring (Muchinski v Dodds (1985) 160 CLR 583).
' In a divorce, [the wedding ring is] usually seen as separate property in the divorce since it was given as a gift." There are exceptions to every rule, but generally speaking, each partner gets to keep their respective rings.
As we explained above, even if an engagement ring is a conditional gift, it belongs to the recipient once the couple is married. For this reason, most state courts agree that the engagement ring is the recipient's separate property. That means the recipient will probably get to keep it after the divorce.
Give it Back. Usually in divorce, a wedding ring is considered the property of the spouse to whom it was given. But if your wedding ring or the diamond in it was your ex-spouse's family heirloom, you might want to consider giving it back, even if you're under no legal obligation to do so.
Some people wear it on their left ring finger as a reminder that they are no longer married. Others opt for the right ring finger to symbolize moving from their past. Ultimately, it's up to you where you wear your divorce ring.
Middle finger. The middle finger symbolises balance and wisdom. Placing your divorce ring here symbolises a new life replenished with both of those qualities.
The husband/groom can request to have the ring returned even if the state laws recognize the item as a pre-marriage gift. The court may require the husband to provide valid proof of ownership. Nevertheless, the ring usually gets back to the family in this case.
"The ring is a symbol of what binds a couple — and the symbolic removal could indicate a few things such as, that they want out of the relationship at this point, to indicate that the other person has hurt them, the other person is not living up to their expectations.
Married Couples and De facto Couples
When married couples or de facto couples separate, the Family Law Act applies. This means that the engagement ring is classed as property and is added into the property pool available for distribution between the parties.
It doesn't matter which party is responsible for the broken engagement. If the condition (marriage) was not met for whatever reason, then the gift must be returned. Most western states follow the no-fault, conditional gift approach and award the engagement ring to the giver in a broken engagement.
If either person breaks off the engagement, the woman gets to keep the ring. A few jurisdictions take a slightly different view, calling the ring an “implied gift.” In this case, ownership of the ring is determined by whomever calls off the wedding.
Continue Wearing it
The easiest and simplest thing to do with your wedding ring after the death of your spouse is to continue to wear it. A lot of people choose to wear their rings for the rest of their lives, even after losing their husbands.
If the marriage ended relatively amicably, some people do choose to wear their wedding ring or engagement ring on the right hand, as a reminder of their continued friendship with their ex. But most people “don't want a ring on them as a symbol of a marriage that didn't last,” Post said.
Getting it back
According to Avvo, most states in the United States rule that the wedding ring is an absolute gift. Once given, it becomes the property of the spouse, giving that spouse the ability to do with it as they choose.
When a person wears a ring on the middle finger, rather than the ring finger, it's an indication that they are not engaged or married. It's the most noticeable finger, as it is the longest digit, so any ring worn on the middle finger is highly noticeable.
The middle finger represents beauty, responsibility and self-analysis. It is a little uncommon to find someone wearing a ring on the middle finger. Rings worn on this finger are highly noticeable because they commonly symbolize power, balance and stability.
In the past, people believed that this finger was the 'artery of love' that was connected directly to the heart. After marriage in some countries, the engagement ring is moved to the middle finger of the left hand to make room for the wedding ring on the ring finger.
When to Take Off Your Wedding Ring. There is no right or wrong answer for this. Some people will take their wedding ring off as soon as they are going through a rough patch with their partner and others may wait until they are officially divorced. It really depends on your own thoughts and preferences.
What Does It Mean When a Man Wears a Ring On His Right Ring Finger? Wearing a wedding ring or engagement ring on the right ring finger is often done by men in certain cultures. Rings that are worn on the right ring finger are often associated with ideas of love and relationships, creativity, beauty, and romance.
If a husband gives his wife a right-hand ring, it symbolizes a renewal of wedding vows or anniversaries. They may also serve as promise rings for dedicated partners or those taking a vow of chastity.
If you're wondering if you should return that expensive piece of jewelry to your ex, breathe easy. There's no law saying you have to give these gifts back. Though to be fair, there's also no rule saying you can't give them back, either. Whether or not you return the piece of jewelry is completely up to you.