In a New York divorce, the spotlight usually lands on the major assets — real estate, investment accounts, business interests. But what about the Cartier bracelet gifted on your anniversary? The antique armoire that’s been in your family for generations? Or the beautiful 3-carat diamond engagement ring you never took off — until now?
In Manhattan divorce cases, personal property like jewelry, art, and furnishings can carry both practical value and deep personal meaning. And in New York, these assets can be subject to equitable distribution — a legal framework that doesn’t always align with personal sentiment.
The catch? Many people don’t even think to include these items in early conversations about asset division — until it’s too late.
New York courts approach personal property like jewelry and household items, what counts as “marital” vs. “separate,” and how to protect what truly matters — especially when the items in question are anything but ordinary.
Is Jewelry Always Considered Separate Property?
Short answer? Not necessarily.
There’s a common assumption that jewelry — especially heirlooms or gifts — is automatically considered separate property (and often assumed to “belong” to the wife). But in New York, that’s not always the case.
New York follows equitable distribution laws, which means that marital property is divided fairly, not always equally. And whether a piece of jewelry gets divided or not depends heavily on how and when it was acquired.
Here’s what the courts look at:
- If it was a gift from your spouse during the marriage – it’s likely marital property.
- If it was a gift from a third party or inherited – it’s usually separate property.
- If you used your own separate funds to buy it – that could make it separate, too.
In one real-life example (Ciaffone v. Ciaffone), a wife had to divide her jewelry with her spouse except for a ring she bought with her own money. She got a credit for that purchase, but the rest was split.
The takeaway? Even your personal treasures can be up for grabs in a divorce — unless you can show where they came from or how they were paid for.
What About the Engagement Ring?
This one’s a hot-button issue, and rightfully so. Engagement rings are sentimental and expensive.
Luckily, New York makes this one pretty straightforward: an engagement ring is considered a “conditional gift”. Once the condition (marriage) is fulfilled, it becomes separate property. That means you usually get to keep it after divorce — no matter who paid for it.
So unless the ring was replaced or upgraded during the marriage using joint funds, you can breathe easy on this one.
How Are Household Items Like Furniture Divided?
From couches to coffee makers, household items tend to be divided using common-sense approaches — though it helps to get legal guidance if there’s conflict.
Some couples choose to do it themselves (and save money) using methods like:
- The “Pick-and-Choose” Method: List everything, assign a value, and take turns picking items until it’s all split fairly.
- The “Two Piles” Approach: Divide everything into two roughly equal-value piles and flip a coin to decide who picks first.
But keep in mind: sentimental or high-value items (like antique furniture or fine art) may require a formal appraisal, especially if either side disagrees on value.
Also important: items used primarily by children — like beds, toys, or bikes — are usually treated as the child’s belongings, and should stay with the custodial parent.
What’s the Legal Value of “Sentimental Value”?
Sentimental doesn’t always translate to financial value — and New York courts know that. Unless an item has a substantial market value or was appraised as part of a prenup, it may not be assigned a dollar amount in court.
That’s why you’ll rarely see a judge divide every spoon and side table. Instead, the court might:
- Let each spouse keep what’s in their current possession (especially if they’ve already moved out)
- Allocate more valuable pieces as part of the overall asset split
- Offer “equalization payments” to balance out discrepancies (e.g., one spouse keeps the $5,000 dining set, the other gets cash to even it out)
Still, if there’s an item you care deeply about — emotionally or financially — it’s critical to disclose it and talk about it with your attorney upfront.
Can a Prenup Protect Jewelry or Heirlooms?
Yes. A prenuptial or postnuptial agreement is one of the smartest ways to protect family heirlooms and personal property.
You can spell out exactly what happens to certain assets in the event of divorce, including:
- Jewelry passed down through generations
- Furniture you brought into the marriage
- Gifts from your side of the family
When written properly, courts will usually honor those agreements — saving you stress, conflict, and potential loss later on.
Don’t Forget to Mention the “Small Stuff”
Too often, people focus so heavily on big-ticket items that they forget to bring up jewelry, artwork, or even wedding gifts. But all of it matters — especially if it has sentimental weight or significant value.
Whether you’re dividing a full apartment or just a few items of concern, the key is to:
- Disclose everything (yes, even that diamond necklace from your anniversary)
- Document how it was acquired
- Work with a divorce attorney who understands what’s worth fighting for
When to Call a New York Divorce Attorney
At The Law Offices of Brian D. Perskin, we know that dividing property is about more than dollars — it’s about history, meaning, and your future. That’s why we take a strategic, compassionate approach to ensure you walk away with what truly matters.
If you’re facing a divorce and have questions about who gets what — especially when it comes to jewelry or household possessions — our divorce attorneys here to help. Call 866.926.4823 or contact us today to schedule a confidential case evaluation.
Let’s make sure nothing important — financially or emotionally — slips through the cracks.