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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 Iowa, 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. This is in line with the state's interest in ensuring the welfare of the child and the mother during and after the divorce proceedings. Additionally, Iowa adheres to the marital paternity presumption, which means that a child born during a marriage or within a certain period after the marriage ends (typically 300 days) is presumed to be the child of the married couple. This presumption is reflected in Iowa's statutes, specifically within the family or domestic relations code, and is also supported by the state's common law. The presumption can be challenged in court, but it requires clear and convincing evidence to overcome.

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Divorce

pregnancy

Individual & Family Legal Plan

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Iowa State Code

Divorce

pregnancy

Iowa State Code

Articles