How Do You Divide Jewelry in a Divorce?

 Posted on July 27, 2026 in Division of Assets

Including jewelry in your division of marital property during your divorce is more complicated than it may seem. Normally, valuable assets obtained during a marriage are considered marital property, and that would be the case if you purchased jewelry for yourself.

Deciding whether jewelry is marital property could be a difference of thousands of dollars in your divorce. Thus, it is important to remember how you obtained each piece of jewelry that you own. At Calabrese Associates, P.C., our Naperville, IL property division attorney has over 30 years of legal experience. We will review your case in detail, working hard to protect your most valuable assets.

Are Gifts Considered Marital Property in Illinois?

Illinois law specifically states that property acquired as gifts are considered non-marital property. However, arguments may be raised over whether a piece of jewelry was a gift to one spouse or to the couple. The following questions may help you determine the intent of the gift:

• What was the occasion for receiving the gift?
• Who was the gift addressed to?
• Who would have reasonably been expected to use the gift?

Wearable jewelry is often personalized and given as a gift on a special occasion, such as a birthday, anniversary, or holiday. It is unlikely that a necklace or earrings were intended as a couple’s gift. If your spouse purchased the jewelry for you at a time that did not coincide with a special occasion, you can argue that they presented it to you as if it was a gift. It may help if you have saved a note that went along with the gift.

Who Gets Engagement and Wedding Rings in a 2026 Divorce?

Even if you have not purchased jewelry during your marriage, you likely own engagement and wedding rings. Illinois divorce law treats these rings differently than other pieces of jewelry you may own. Most jewelry is assumed to be marital property unless you can prove that it was a gift. Engagement and wedding rings are assumed to be gifts given to your future spouse to mark your marriage.

If you break off your engagement before you marry, you will be expected to return your engagement ring to the person who gave it. If you marry and later divorce, your engagement and wedding rings are typically considered gifts belonging to you. However, you may want to make an exception if one of your rings is an heirloom from your spouse’s family. That ring likely has more sentimental value to your spouse than it has actual value to you.

How Is Jewelry Valued in a Divorce?

Jewelry can be harder to value than a house or a car. Prices change often, and two pieces that look similar can be worth very different amounts. A ring with a flawless diamond costs much more than a ring with a diamond that has visible flaws.

Courts in Illinois look at fair market value. This means what a buyer would actually pay for the piece today, not what it cost years ago. Sentimental value does not count. A wedding ring passed down from a grandmother might mean a great deal to one spouse, but the court will only consider its market price.

Jewelry bought during the marriage is usually treated as marital property, even if only one spouse wore it (750 ILCS 5/503). This means it must be divided fairly between both spouses, along with other assets like bank accounts and vehicles.

Can You Put Jewelry in a Prenup in Illinois?

Jewelry can be included in a prenuptial agreement. Couples often use a prenup to decide who keeps certain pieces if the marriage ends. This is common when one spouse owns valuable jewelry before the wedding, such as family heirlooms or pieces passed down through generations.

A prenup can state that specific items stay with the original owner, no matter how long the marriage lasts. It can also address jewelry given as gifts during the marriage. Without clear terms, these pieces could later become a source of disagreement.

For a prenup to hold up in court, both spouses must enter into the agreement willingly and in writing. Both spouses must also provide clear disclosure of assets, unless that right is expressly waived. Hiding jewelry or other property before signing a prenup can lead to the agreement being challenged later.

What if My Spouse Is Hiding Precious Jewelry During the Divorce?

If a spouse hides jewelry to keep it out of the property division, it can hurt his or her case once discovered. Courts do not look kindly on spouses who try to conceal valuable items.

Signs of hidden jewelry can include missing pieces that were once worn often, unexplained withdrawals from joint accounts, or jewelry that has quietly been moved to a safe deposit box or a relative's home. A spouse might also transfer pieces to a friend or family member for safekeeping until the divorce is complete.

If hidden jewelry is discovered, the court can award a larger share of other assets to the spouse who was deceived. In some cases, the court may also require the hidden items to be returned and included in the final division.

How Can You Negotiate for Jewelry and Other High-Value Assets in a Divorce?

If jewelry is classified as marital property, spouses may negotiate several ways to account for its value during property division. One spouse may keep a particular ring, watch, or necklace while the other receives assets of comparable value, such as a larger share of a bank account, vehicle, investment, or household property. The spouse keeping the jewelry may also buy out the other spouse’s interest based on an agreed-upon appraisal.

When neither spouse wants to keep an item, they may agree to sell it and divide the proceeds. Negotiations can also account for sentimental value, even though the court generally focuses on fair market value. Obtaining an independent appraisal can help both sides negotiate from reliable figures. If the spouses cannot reach an agreement, the court may decide how the jewelry’s value should be incorporated into the overall division of the marital estate.

Contact a DuPage County, IL Divorce Lawyer

A piece of jewelry can hold sentimental value as well as significant monetary value. The Naperville, IL property division attorney at Calabrese Associates, P.C. can discuss your options for valuable properties in your divorce. Schedule a consultation by calling 630-393-3111.