Who Gets the Engagement Ring in a Divorce New York , the fate of the engagement ring in a divorce often hinges on whether it's considered a gift or a conditional gift. If the ring is viewed as an unconditional gift, it belongs to the recipient and isn't subject to division. However, if it's seen as a conditional gift, its return may be required. Srislaw's experienced attorneys can navigate these nuances to help you understand your rights and negotiate a fair resolution in your divorce proceedings.