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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 California, 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 child. Under California law, specifically the Family Code, there is a presumption that a child born during a marriage or within 300 days after the marriage has ended is considered the child of the married couple. This is referred to as the marital paternity presumption. The presumption can be challenged in court, but it requires clear and convincing evidence to overcome. The court's primary concern is to ensure the best interests of the child, which includes making provisions for the child's healthcare and insurance coverage.

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Divorce

pregnancy

Individual & Family Legal Plan

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California State Code

California State Code

Divorce

pregnancy

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