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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 Idaho, 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 the mother and the unborn child. Idaho 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 certain period after the marriage ends, typically 300 days, as is common in many states. This presumption can be found in Idaho's statutes under the family code or domestic relations code and is reinforced by court opinions (common law). It is important for individuals going through a divorce in Idaho to be aware of these regulations, as they can significantly impact decisions related to child support, custody, and other parental responsibilities.

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Divorce

pregnancy

Individual & Family Legal Plan

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Idaho State Code

Idaho State Code

Divorce

pregnancy

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