Updated February 11, 2021

Jewelry

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OurDivorce™ Basics

What is Jewelry?

If during the marriage you or your spouse purchased, with marital funds, any jewelry made of precious metals and/or gemstones, this jewelry is subject to division in divorce.

Engagement rings may or may not be considered in the divorce.

Icon of wedding ring

🤔 Understanding how Jewelry affects your divorce.

Jewelry acquired during the marriage is usually treated as marital property. Assets acquired by one spouse but which the other spouse uses regularly during the marriage may also constitute marital property. You and your spouse will need to make the identity of each asset clear. You will also need to determine the present value of your assets to help you determine how to divide the overall value of your marital estate between you. If the asset is encumbered by a loan, you will need to identify the loan account number, the name and location of the lender, the loan balance, and the amount of the monthly loan payment.

As you consider how to divide the assets acquired during the marriage, it’s best to take into account the purpose and primary user of each asset.

Example:

Jerry gave Sally a stunning Princess Cut diamond engagement ring when they got engaged 10-years ago and has since added to the collection with matching earrings and necklaces. Even though the engagement ring was purchased before the marriage and may be considered a gift, out of fairness and in an attempt to ensure an amicable divorce, Sally agrees that they should sell the entire collection and split the proceeds equally.

Next: Learn about how Pets affect your divorce.

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