If you were like many brides, you planned your wedding day for most of your life. In addition to choosing a beautiful dress and an elegant venue, you and your current spouse picked out the perfect wedding rings. Even though your marriage is heading for an inevitable end, you would like to keep your ring.
Because your husband slipped your wedding ring onto your finger, it may seem like a gift. Gifts someone makes to one spouse typically are separate property you do not have to divide during a divorce. Your wedding ring, though, is likely to be part of your marital estate.
You must address property division
According to Massachusetts law, courts must divide marital property equitably between both spouses. Therefore, you should receive a fair share of everything you and your husband own, even though you may not get precisely half.
If you have your heart set on keeping your wedding ring, it may be beneficial to try to negotiate an acceptable settlement with your soon-to-be ex-husband. Otherwise, a judge is likely to consider a few factors when determining who ends up with the ring after your divorce.
You may have bargaining chips
Just as you want to keep your ring, your husband undoubtedly has his eyes on some marital assets you do not want. If so, you can use these assets as bargaining chips during your settlement negotiations. That is, your husband may be willing to give you the ring in exchange for something else.
Ultimately, if keeping your wedding ring is a priority for you, you should be sure you tell your divorce attorney so he or she can help you fight for it.