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Who keeps the expensive jewelry in a divorce?

On Behalf of | Feb 5, 2025 | Firm News |

Premium, authentic jewelry appreciates over time. Moreover, the monetary value of jewelry is just the start. It can hold significant sentimental value as well. So, it’s not surprising when dividing jewelry becomes a point of contention during your divorce.

Sadly, determining who keeps the jewelry isn’t always simple.

Marital vs. separate property in Ohio

Ohio law draws clear lines between marital and separate property. But because of these rules, your jewelry can fall into either category, depending on when or how you got it.

Generally, everything you buy while married counts as marital property. This includes jewelry—regardless of whose name appears on the papers. Ohio courts split up any marital asset equally between you and your spouse.

Meanwhile, anything you bought before marriage is your separate property. This also includes anything you received as a personal gift or inheritance.

Dividing different kinds of jewelry

When it comes to specific jewelry pieces, their classification depends on timing, intent and source. For example:

  • Engagement rings: Count as a gift before marriage and go to the recipient
  • Wedding bands: Considered as gifts between spouses and as marital property, but you and your spouse usually get to keep your respective rings
  • Jewelry gifts from your spouse: Typically fall under marital property
  • Jewelry gifts from other people: Count as separate assets and go to the receiving spouse
  • Inherited family heirlooms: Count as separate property and stay with the inheriting spouse

These only serve as general guidelines. Take note that other factors can still affect the final decision.

Making smart decisions about your valuables

If you have a prenuptial agreement, it might already outline how to handle jewelry division, saving you time and stress. A postnuptial agreement may do the same.

High-value jewelry division requires careful consideration. Working with an experienced divorce attorney who understands complex asset division can further help you protect your interests and ensure fair distribution of your jewelry.