Do You Get to Keep the Engagement Ring in a Georgia Divorce?

Do You Get to Keep the Engagement Ring in a Georgia Divorce?

Engagement rings carry deep personal meaning, but when a marriage ends the question often arises: who gets to keep the ring? Georgia law has clear rules about how rings are treated before and after marriage. Understanding the difference can help you know what to expect if divorce is on the horizon.


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Is an Engagement Ring a Gift in Georgia?

In Georgia, an engagement ring is typically considered a conditional gift. That means the gift is given on the condition that marriage will occur. If the wedding is called off, the condition is not fulfilled, and the person who gave the ring usually has the right to get it back.

Before Marriage: If the Wedding Never Happens

If an engagement ends before marriage, Georgia courts often require the ring to be returned to the person who purchased it. The reasoning is simple: the gift was conditioned on marriage. Since the marriage never took place, the condition failed.

Some states treat rings as unconditional gifts once given, but Georgia follows the conditional approach. The specific facts of the breakup can sometimes matter, but the general rule is clear.

After Marriage: Divorce and Property Division

Once the wedding takes place, the ring becomes the separate property of the recipient. Georgia courts do not treat the engagement ring as marital property to be divided in a divorce. Instead, it belongs to the spouse who received it, no matter who paid for it.

This is important because other items purchased during the marriage may be divided in divorce under Georgia’s equitable distribution rules. But the ring is treated differently since it was given before or at the time of marriage as a symbol of the union.

Does Fault Affect Who Keeps the Ring?

In most Georgia divorce cases, fault such as adultery, abandonment, or cruelty does not affect ownership of the engagement ring. Once the marriage occurs, the recipient keeps the ring regardless of marital misconduct. Fault may affect alimony under Georgia law, but it does not usually change who keeps premarital gifts.

High Value and Heirloom Rings

Some engagement rings are family heirlooms or carry significant value. While the general rule still applies, spouses sometimes negotiate return of a ring as part of a larger divorce settlement, especially if the ring has sentimental or generational importance. This may be handled like any other negotiated asset in a marital agreement or settlement conference.

What If There Is a Prenuptial Agreement?

A prenuptial or postnuptial agreement can alter the default rule. If the agreement specifies who will keep the engagement ring in the event of divorce, the court will usually enforce that provision. This is another reason prenups can provide clarity and prevent disputes.

Practical Tips for Spouses Facing Divorce

  • Understand that once you are married, you generally keep your ring.
  • If you are separating before marriage, be prepared to return it.
  • Consider the sentimental or family value and whether negotiation makes sense.
  • Check any prenup or postnup for specific language about jewelry or gifts.
  • Speak with a family law attorney before making decisions about high value assets.

Talk to Barnhart Family Law

Engagement rings are only one piece of the larger property division process. Whether you are navigating divorce, alimony, or custody issues, our team can help you protect what matters most. Visit our Alimony and Spousal Support or Custody Agreements pages for more resources, or contact us to schedule a consultation with an experienced Atlanta divorce attorney.


This article is for informational purposes only and does not constitute legal advice. Each case is unique. For advice about your situation, consult a qualified family law attorney.