As if breakups weren’t awkward enough, imagine having to deal with it in front of the entire world, as well as figure out what to do with your $10 million engagement ring. Surely Mariah Carey is dealing with more than her fair share of drama right now as she deals with her messy split from fiancé, James Packer, and on top of all of the rumors and heartbreak, here’s the likely (and sad) fate of her engagement ring.

Mariah Carey and James Packer

While the split between Mariah Carey and James Packer is totally muddled with shade from both sides, the singer has been spending her nights out on the town, apparently showing her ex that she’s not at home crying over the sitch. And not only that, she’s continued to wear her 35-carat rock despite the fact that this is definitely not a sign that she’s looking to get back together.

With folks assuming this means she intends to keep the ring (on top of the fact that she may be asking for financial compensation for her investment in the relationship), the question is this: Can she legally keep the ring?

Mariah Carey engagement ring

“It depends who broke up the engagement,” Alexandra Leichter, a Certified Family Law Specialist at Leichter Leichter-Maroko LLP in Beverly Hills, California told People. “If it was [Mariah], she has to give it back. If it was [Packer], she doesn’t have to give it back. It’s very simple in the state of California.”

She added that engagement rings usually fall under the category of “conditional gifts,” which means it’s been given on the assumption that requirements (like a wedding) eventually happen.

Mariah Carey engagement ring

However, “If it’s an unconditional gift it doesn’t make any difference who broke up the engagement. Of course, if she has gotten the engagement ring under false pretenses or under fraud, he could still have a claim for fraud even in that case. But generally speaking, that’s not the way engagement rings work.”

So though it looks like they both may have a case for ending up with the ring, Mariah is likely to keep the sad memento in this case — that is, if she even wants to keep it. Perhaps she’ll just sell it and end up with a plump $10 million in the bank.

Do you think Mariah should keep her engagement ring or give it back? Tweet us @BritandCo!

(h/t People; photos via Frederick M. Brown, Kevin Winter, Dimitrios Kambouris/Getty)