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If a spouse is pregnant during the divorce process the court may make orders for how health care costs will be paid and health insurance provided for the mother and child. In most states a child born during marriage or for some prescribed period following termination of the marriage or cohabitation (living together)—300 days, for example—is presumed to be the child of the spouses or cohabiting persons. This is known as the marital paternity presumption and is usually located in a state’s statutes (family code or domestic relations code) or in its court opinions (common law).

In Arizona, if a spouse is pregnant during the divorce process, the court has the authority to issue orders regarding the payment of healthcare costs and the provision of health insurance for both the mother and the unborn child. Arizona law adheres to the marital paternity presumption, which means that a child born during a marriage or within 300 days after the marriage ends is presumed to be the child of the married couple. This presumption can be found in Arizona's statutes under the family or domestic relations code. The presumption is intended to protect the best interests of the child and can be challenged in court if there is evidence to suggest that the husband is not the biological father. However, until a court order or legal action determines otherwise, the husband is presumed to be the legal father of the child with all the attendant rights and responsibilities.

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Divorce

pregnancy

Individual & Family Legal Plan

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Arizona State Code

Arizona State Code

Divorce

pregnancy

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