The Law Is Rarely Sentimental, So Beware
Posted By Posted by Ellen Ostman on Jul 12, 2011 9:25am PDT || Jul 12, 2011
Nearly half of all newlyweds will experience divorce. Nothing in the beginning of the relationship prepares one for the end. Often clients believe that if their spouse decides to divorce them the Judge will make them return their engagement ring, especially if the ring was a family heirloom. They are wrong. Appellate courts in Florida state that there is nothing in Florida Law to authorize special treatment of "heirloom" property. Because an engagement ring is a premarital gift it is considered non-marital property and therefore the Court may not require the Wife to return it ( Randall v. Randall).
If you are concerned about keeping heirlooms in your family in the event of a divorce, you should ask the best Tampa divorce attorney to draw up a contract between you and your intended that will supersede Florida Law.