Divorce and the wedding gifts…who gets what?

Hot Topics in Divorce Blog

By Robin Roshkind, Esquire, West Palm Beach, Florida

I have some clients who just realized they made a mistake.  The marriage is only 3 months old, or one year old, or anything inbetween, making it a short lived experience.  The question becomes who gets what.

In short term marriages, generally there is no entitlement to alimony or attorneys fees, unless a prenuptial agreement says otherwise.    As far as equitable distribution of assets and debts goes, what  you come into the marriage with you go out of the marriage with…unless it is joint property.

Wedding gifts to either party is considered marital or joint property.  However, in short term situations, where the parties can reasonably discuss the fact that they rushed into something and made a mistake, then usually they can agree that the wife’s friends and family gifts go to her and the husband’s friends and family gifts go to him. …

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