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How Do You Divide Jewelry in a Divorce?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. However, jewelry is often given as a gift, and gifts are excluded from marital property. 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.

Was It a Personal Gift?

Whether a gift is a marital property depends on whether the gift was meant for one person or the couple together. 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.

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