“Engagement season” is officially here – 37% of couples in the United States begin their journey to “I do” with a proposal in the months of November to February.1 In fact, December of 2023 saw the most proposals out of the entire year – during the holidays, vacations, and the time that couples spend with their loved ones.2
Selecting an engagement ring is one of the most important and expensive decisions we make in life. As you begin shopping for the perfect engagement ring that best embodies your relationship, you may think to yourself – what if this doesn’t work out?
This is a valid question as a staggering 20% of all engagements are called off before the couples ever get the opportunity to say “I do.”3 Whether you find yourself calling it off or you’re the one left at the altar, it is important to know your rights related to the ring.
Who Gets the Ring if Your Engagement is Called Off?
In Ohio, an engagement ring is considered a “a symbol of the coming marriage”4 or a unique type of conditional gift, premised on a marriage taking place. Consequently, if the marriage does not occur, the ring “must be returned to the donor” or the giver of the ring, regardless of which party is at fault.5 However, if the marriage does occur, and the parties later divorce, the engagement ring is considered the sole property of the partner who received the ring.
But – be aware that other gifts (even a ring) are considered irrevocable gifts if not premised on marriage. For example, in one Fifth District case, a ring was given “outside the scope” of an engagement, as the couple did not 1) make a formal public announcement of an engagement for marriage, 2) set a wedding date, and did not 3) make “concrete plans for a ceremony or reception.” After a lengthy and litigious battle, the court ordered that the boyfriend who had given his girlfriend a ring “outside the scope of an engagement” was not entitled to its return. This decision was made even though the girlfriend personally testified that she almost always wore the ring.
Talk to a Family Law Attorney Before Your Big Moment
Whether you are shopping for an engagement ring this holiday season and want to learn more about your rights should your relationship go awry, or you are contemplating a prenuptial agreement before the big day, our seasoned family law attorneys will guide you through every step of the way. For decades, our team of experienced attorneys have helped their family law clients through every endeavor life has thrown at them. Contact us today to learn more about your legal rights before purchasing an engagement ring or exploring the option of entering into a prenuptial agreement.
Meet the Author
Michael John is an associate attorney who focuses on domestic relations, personal injury, and general litigation.
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