When a marriage ends, one of the more surprising questions clients ask is about gifts: Can my spouse really claim half of the jewelry they gave me? In New Jersey, the answer is often yes, and the reason comes down to how the law treats gifts between spouses.
What Counts as a Gift?
Before deciding how property is divided, it helps to understand what the law considers a gift. Generally, a gift exists when the giver:
- Intended the item to be a gift,
- Actually handed it over, and
- Gave up ownership and control of it, without expecting anything in return.
If your spouse gave you property during the marriage that meets these requirements, it is considered an interspousal gift, and interspousal gifts are generally subject to equitable distribution.
Gifts That Are Usually Protected
Not every gift received during a marriage is up for division. Property is generally exempt from equitable distribution when it was:
- Inherited by one spouse, or
- Given to one spouse by a third party, such as a parent or relative, as long as the gift was intended for that spouse alone and not for the couple.
There is an important catch: the spouse claiming that property is exempt has to prove it. That can be difficult years later, when records are gone, memories have faded, or the person who gave the gift has passed away. Keeping gifted or inherited property separate, and keeping records of where it came from, makes a real difference.
What About a House One Spouse Owned Before the Marriage?
Property one spouse owned before the marriage generally starts out as that spouse’s separate property. But that can change over time. When a couple lives in the home together and uses marital funds to pay the mortgage, make improvements or cover expenses, part or all of the home’s value may become subject to equitable distribution. This can happen even if the other spouse was never added to the deed or the mortgage.
A prenuptial agreement is the clearest way to protect a premarital interest in a home. If you are planning to marry and own significant property, it is worth discussing with an attorney before the wedding.
Common Questions
Is my engagement ring marital property?
Generally, no. Because an engagement ring is given before the marriage, it is usually treated as the recipient’s own property rather than an interspousal gift. Rings and jewelry given after the wedding are a different story.
What if the engagement ends before the wedding?
New Jersey treats an engagement ring as a gift given on the condition that the marriage takes place. If the wedding does not happen, the ring generally goes back to the person who gave it, no matter who broke off the engagement. That no-fault rule was set out in Aronow v. Silver, 223 N.J. Super. 344 (Ch. Div. 1987), a Burlington County case in which our own Robert J. Adinolfi represented the successful party. (Results may vary depending on your particular facts and legal circumstances.)
What about wedding gifts?
Gifts given to both spouses as a couple, such as most wedding gifts, are generally marital property.
Does “divided” mean my spouse gets the actual jewelry?
Not necessarily. Equitable distribution often works by value. One spouse may keep an item while the other receives other assets of equal value.
Talk With a South Jersey Family Law Attorney
How gifts, heirlooms and premarital property are treated depends heavily on the facts of each case. To learn more about how property is divided, see our page on equitable distribution in New Jersey. If you are facing a divorce and have questions about your assets, call us at 856-428-8334 or send us a message to schedule a confidential consultation.
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