Who Gets The Wedding Ring In A Divorce In Illinois

Unlike other pieces of jewelry a wedding rings emotional value makes it a hot issue in many divorces. Wedding rings are gifts making them non marital property.

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Illinois is more of a common law state than a community property state when it comes to the property division in a divorce.

Who gets the wedding ring in a divorce in illinois. In many divorce cases which are the result of a couple simply growing apart the determination of who gets to keep the engagement ring and wedding bands is pretty simple. At the time of the marriage wedding rings andor bands are then exchanged during the wedding ceremony. The law in the state where the divorce proceeding takes place will govern whether a ring is treated as a gift.

However the law rarely considers emotions when it comes to property division so your wedding and engagement rings typically are treated like any other property even if they are family heirlooms. There are many cases in illinois interpreting when a gift is a gift. When parties decide to get married an engagement usually takes place first where an engagement ring is given.

In california the courts look at the engagement ring as a promise for marriage and if the bride fulfills the promise of marriage it is hers free and clear. The asset will continue to be marital property in the event of a divorce. The most typical exception is when you called off the wedding during the engagement but even then its no guarantee that you will get your ring back.

The person that received the ring as a gift gets to keep it and it is theirs to do with as they please. Repurposing an engagement ring or wedding band can be an opportunity for a woman to reclaim her personal style and individuality following a divorce gold says. Wedding rings as gifts there have been several cases where courts have viewed wedding rings as gifts meaning the person who gave the ring as a gift is not entitled to it any longer.

Wedding rings in a divorce before we unveil who gets the wedding ring in a divorce it is important to clarify that there is a difference in determining the outcome of the rings final home for engaged couples versus that of a couple who weds but the marriage ultimately ends in divorce. Speak directly with an experienced divorce and family law attorney at no charge. 926 942 p2d 631 634 1997 see illinois see vann v.

Once it is established the ring is an engagement ring it is a conditional gift kansas heiman v. In a community property state any asset bought by either spouse is presumed to be owned by both of them and in the event of a divorce they shall get 50 of it.