Massachusetts joined the majority of U.S. states in November 2024 in making it compulsory for engagement rings to be returned to the donor in most cases on a no-fault basis if the marriage doesn’t go ahead. Engagement ring return rules vary somewhat from one state to another and the reasoning behind why the rules are as they are in each state makes for some rather intriguing reading. Read on below to discover what made Massachusetts’ Supreme Judicial Court decide to change the state’s 65 year old precedent and, if this is now going to affect you in any way, do not hesitate to contact our Boston family law attorney for advice in the event of a dispute over ownership.
Why engagement rings are not treated as normal gifts
Engagement rings, of course, are gifts, from one person in a relationship to the other in the lead up to marriage. When the marriage goes ahead, the recipient of the engagement ring normally keeps the ring as a memento of the engagement, and probably adds a wedding ring to keep it company. But what happens if the engagement is broken for one reason or another? Does the donor get the ring back or is the recipient allowed to keep it?
For most types of gifts, the generally accepted rule is that the recipient of a gift gets to keep the gift, even if the relationship between donor and recipient sours. But engagement rings are typically treated a little differently. That’s because engagement rings are conditional on a marriage taking place. They symbolize the promise that the donor and the recipient are to be married. If the marriage doesn’t take place or is called off, then the whole purpose behind the engagement ring as a symbol is broken. That’s why, in most states across the United States, engagement rings are not treated as normal gifts in law.
Engagement ring law varies from one state to another
There are basically three variations of engagement ring laws across the country. These laws only apply when a marriage fails to materialize.
- The recipient gets to keep the ring as a gift, even when the marriage breaks up;
- The recipient must return the ring whatever the reason the marriage broke up and whoever was at fault.
- The recipient may keep the ring if it was the donor’s fault the marriage broke up;
Massachusetts is now in the third category, but for 65 years or more, this wasn’t the case, and donors actually had to prove that they weren’t at fault if they wanted to get their engagement ring back if the marriage was broken off. Read on further below what changed the minds of the judges in the state’s highest court.
Engagement rings do not have to be returned after marriage
Engagement ring return laws do not apply once a couple has actually got married. If the couple does get divorced later on, the ring remains the property of the recipient, although its value may be taken into consideration when it comes to valuing marital assets. The ring, of course, was given on condition of marriage, so once the marriage takes place, that condition has been satisfied. Of course, the recipient of an engagement ring may decide to fling the ring back at the donor together with the wedding ring if the marriage breaks up acrimoniously, but that is the prerogative of the wearer, not a state directive!
Variation 1: Where engagement rings are treated just like any other gifts
A very small number of states treat engagement rings either just like any other gifts, i.e. they are unconditional on the marriage occurring, or haven’t made any legal consideration as yet. Montana is the only state which legally treats the ring as an unconditional gift, but when in other states where there hasn’t been a law until recently, the usual decision by a state Supreme Court is to take the majoritarian route and adopt the no-fault conditional return ruling.
Variation 2: The no-fault right of return rule
This is the most common variation on engagement return laws across the country and this is what Massachusetts decided to adopt last year. These states consider engagement rings as conditional gifts and if marriage does not occur, then the ring must be returned to the donor whoever is regarded as at fault for the break up. In many cases, the reasoning behind this is that the court does not really have the time to determine whose behavior was the reason why the marriage was called off. Basically, it doesn’t matter if the donor or the recipient calls off the marriage, or it is a mutual decision, the ring simply has to be returned to the donor.
Variation 3: The fault right of return rule
For a smaller number of states, the ring only needs to be returned if it was the donor’s fault the marriage broke up. These cases can get contentious as engagement rings can be very valuable, with the average ring costing around $6,000 and in the case that determined last year’s Massachusetts court case, the ring was valued at $70,000. If the recipient alleges that it was the donor’s fault that the marriage was called off, e.g. due to infidelity, then the donor has to take the case to court and provide proof that he, or she, was not at fault. This can become expensive and may be hard for the donor to prove.
What led to the Massachusetts Supreme Court overturning its fault based right of return law
In the case of Johnson v. Settino, Case No. SJC-13555 (Mass. Nov. 8, 2024), the Supreme Court decided that rather than insist that the donor prove his innocence when his marriage broke up with his fiancée, they would change the state’s 65 year old precedent and adopt a no-fault approach like most other states. The donor had in fact alleged that his fiancée had cheated on him and that was the reason why he had called the marriage off, but the court decided that trying to do some retrospective detective work on who was doing what behind the other’s back, it was easier just to have the $70,000 ring returned to the donor.
Contact a Boston divorce attorney if in doubt about an engagement ring
Anything to do with engagements and marriages can sometimes turn sour and emotions can run high. Now the state has a definitive rule about engagement rings, if there has been a dispute between you and your formerly betrothed, contact our family law and divorce attorney for sympathetic and knowledgeable advice.