Engagement season seems to be in full swing, from Taylor Swift to Selena Gomez to Cristiano Ronaldo, the internet is buzzing with rings and romance. Beyond the sparkle lies a question many couples overlook: what happens to the engagement ring if the relationship doesn’t last?

While the famous 4Cs (cut, colour, clarity, and carat) remain a global standard for evaluating diamonds, Canadian courts consider factors such as intention, timing, and the context of the relationship, but the rules vary from province to province.

In Canada, the average engagement ring costs around $3,200, often more in major cities like Toronto and Vancouver. Besides a cherished symbol of commitment, these rings represent significant personal and financial investments, and their legal status can be surprisingly complex.

While celebrities and high-net-worth individuals almost certainly have separation agreements that address ownership issues, legal disputes over high-value items like engagement rings can arise for anyone. Before counting carats, it’s worth understanding how the law weighs these treasured assets.

Here’s what couples in British Columbia and Ontario need to know.

The Law in British Columbia

In British Columbia, the law governing engagement rings and wedding rings is far from straightforward, however it does draw the following distinctions:

Engagement Rings

If the marriage doesn’t happen, the court will generally treat the ring as a conditional gift made on the condition of marriage. If the condition, being the marriage, doesn’t occur, then the ring is typically returned to the person who purchased it.

However, in some cases, if the recipient is able to demonstrate that the donor intended to gift the ring absolutely, then the recipient may be able to keep it. This is exactly what happened in P.S. v. H.R., 2016 BCSC 2071 where Mr. S gifted Ms. R a $17k engagement ring. After the demise of the relationship, Mr. S sought the return of the ring on the basis that it had been made in contemplation of marriage. The court considered the intention of the donor and found that as Ms. R had attempted to return the ring, and Mr. S had insisted she keep it, the gift had been made absolutely, and not conditionally.

Wedding Rings

If the ring was purchased prior to the marriage and the marriage does happen, then generally the ring is considered a gift that is not subject to return upon separation or divorce. However, if the ring was purchased during the marriage, then the ring may be considered family property subject to division under British Columbia’s Family Law Act.

The Law in Ontario

In Ontario, the law is similar upon the breakdown of a relationship.

Engagement Rings

Similarly to British Columbia, s.33 of Ontario’s Marriage Act dictates that if the ring was gifted in contemplation of the marriage, and the marriage is abandoned, the ring can be reclaimed. Together with intention, courts in Ontario have considered if a timely demand was made by the donor for the ring’s return. This was addressed by the court in King v. Mann, 2020 ONSC 108, where the court reiterated that when a demand for a gift is significantly delayed, the court may find reason to believe that the gift was unconditionally made.

Wedding Rings

If the ring was purchased prior to the marriage, and the parties marry, it remains the property of the recipient. Instead, if a ring is bought after the marriage, the ring is considered a marital asset of both spouses under Ontario’s Family Law Act.

Planning Ahead

Engagement rings may sparkle with symbolism, but the legal realities behind them are rarely straightforward. Whether you’re newly engaged, preparing for marriage, or navigating shared property, discussing financial expectations with your partner can reduce uncertainty and build trust.

Cohabitation agreements, marriage agreements, and prenuptial contracts provide clarity on how assets will be handled if circumstances change. These tools are not unromantic; they are about fairness, foresight, and protecting both partners’ interests. Our Family Services Practice in Toronto and Vancouver helps clients plan ahead with discretion and care, combining deep knowledge of Canadian family law with strategies for preserving family wealth and property. If you’re planning an engagement or considering how best to protect your interests, reach out to our team to explore your options.