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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 Florida, if a spouse is pregnant during the divorce process, the court can issue orders regarding the payment of healthcare costs and the provision of health insurance for the mother and the unborn child. Florida law adheres to the marital paternity presumption, which means that a child conceived or born during a marriage is presumed to be the child of the married couple. This presumption also extends to a child born within 300 days after the marriage ends, whether by divorce, death, or annulment. The marital paternity presumption is codified in Florida's statutes, specifically within the state's family code. It is important for individuals going through a divorce in Florida to be aware that the court will consider the best interests of the child, including healthcare needs, when making decisions in a divorce proceeding involving a pregnant spouse.

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Divorce

pregnancy

Individual & Family Legal Plan

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Florida State Code

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Divorce

pregnancy

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