In 2020, the average cost of an engagement ring in the United States was $6,000, with Americans spending an average of $16.4 billion dollars on engagement jewelry each year. So it is no surprise that such valuable gifts generate litigation, especially when the wedding does not go through as planned. And often ex-couples have the same question: When the engagement ends, who gets the ring?

Under Pennsylvania and New Jersey law, engagement rings are conditional gifts. The condition of these gifts is the marriage, not the engagement. When the marriage does not occur, the condition is said to be unfulfilled. As such, the gift is considered to be not final, and the ring should be returned to the donor if he or she requests it back. Who broke off the engagement or who was at fault for the engagement ending (even through infidelity) is immaterial and irrelevant to the court, as Pennsylvania and New Jersey courts apply a “no fault” approach to the end of an engagement.