One of the most difficult aspects of a divorce can be the splitting of assets. New Jersey abides by the principal of equitable distribution. Our legislature and Courts have long since recognized that each case is unique, and a set of 16 statutory factors must be weighed to address the distribution of assets. N.J.S.A. 2A:34-23.1. Rothman v. Rothman, 65 N.J. 219, 232, 234 (1974).
In the latest Kardashian news Kim Kardashian is engaged...again! Kanye West rented out AT&T Field in San Francisco and proposed to Kim Kardashian in front of a 50-piece orchestra. Not to be outdone by Kim's past ring from ex-Kris Humphries, Kanye worked with famed jeweler Lorraine Schwartz and presented Kim with a flawless cushion cut 15-carat diamond ring. There is no telling how long Kim and Kanye's relationship will last but if things do head "South" before the pair walk down the aisle then under New Jersey caselaw Kim would be required to return the diamond engagement ring to Kanye. An engagement ring is viewed as a conditional gift, with the condition being the parties' marriage. If the engagement is broken before the parties marry the gift must be returned as the condition has not been satisfied. The New Jersey case of Winer v. Winer (241 N.J. Super 510 (App. Div. 1990) eliminated fault as a factor when determining the proper owner of an engagement ring meaning it is irrelevant which party may have been the cause of the engagement breakdown. I suppose we will all have to wait and see whether this pair's engagement is as flawless as the engagement ring itself.