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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 Colorado, 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. Colorado law adheres to the marital paternity presumption, which means that a child conceived or born during the marriage is presumed to be the child of the spouses. This presumption also applies for a certain period after the marriage ends, typically 300 days, as per the Uniform Parentage Act, which Colorado has adopted. This presumption can be rebutted in court with appropriate evidence. The relevant statutes can be found in the Colorado Revised Statutes under Title 14 (Domestic Matters), which covers family law and domestic relations, including issues of paternity and child support obligations.

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Divorce

pregnancy

Individual & Family Legal Plan

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Colorado State Code

Colorado State Code

Divorce

pregnancy

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