Parties may not know who keeps the wedding ring after divorce. Here’s what to know about who keeps the wedding ring in a Michigan divorce.
Michigan law considers the gifting spouse as the wedding ring owner until marriage. However, the receiving spouse becomes the wedding ring owner once the couple marries. In a Michigan divorce, the receiving spouse will keep the wedding ring.
Related: Michigan Marriage Laws
Michigan Marital Property Laws
Michigan state law does not distinguish between martial and personal property. The court will divide all property based on Michigan’s property statutes:
- A spouse obtains the property from the other spouse
- Retirement benefits parties earn during the marriage
- The spouses own the property due to marriage
- The property supports the non-owning spouse
If a spouse gives a gift to the other spouse, the receiving spouse becomes the gift owner. The court will place the gift in the receiving spouse’s possession in a divorce.
Keeping the Wedding Ring in a Michigan Divorce
In Michigan, the wedding ring giver owns the ring before marriage. The wedding ring recipient becomes the owner after marriage. If the couple splits before marriage, the gifting spouse keeps the ring. If the couple splits after marriage, the receiving spouse keeps the ring.
Exceptions to Who Keeps the Wedding Ring in a Michigan Divorce
Michigan courts will not consider fault when dividing property in a divorce. The ring receiver keeps the ring in a divorce even if the receiving spouse causes the marriage to end.
If the ring was a family heirloom, a judge might allow the gifting spouse to keep the ring after divorce. The gifting spouse can keep the ring if they prove it was their personal property before the marriage.
A couple may compose a prenuptial agreement before marriage to avoid conflict in property division during divorce. A prenuptial agreement can state which spouse receives which property in a divorce. Couples can include clauses to establish which spouse will keep the wedding ring.
In Michigan, spouses should hire a lawyer to protect their property rights during divorce.
FAQs About Keeping the Wedding Ring in a Michigan Divorce
What if neither spouse wants to keep the ring?
In Michigan, an individual will keep the ring whether or not the couple splits before or after marriage. If the person who legally owns the ring after a breakup decides not to keep the ring, they can sell it.
Who will keep the engagement ring in a Michigan divorce?
Michigan uses the same laws for engagement rings and wedding rings. The gifting spouse will keep the engagement ring if the couple splits before marriage. The receiving spouse will keep the engagement ring if the couple divorces after marriage.
Does it matter who paid for the ring in Michigan?
Michigan law considers wedding rings gifts. The receiving spouse would keep the ring after divorce even if their spouse purchased the ring.
If you or a loved one would like to know more about who keeps the wedding ring in a Michigan divorce, get your free consultation with one of our divorce attorneys today!