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 Illinois, 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. Illinois 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 married couple. This presumption also applies for a period after the marriage ends; specifically, a child born within 300 days after the termination of the marriage is presumed to be the child of the former spouses. This presumption can be found in the Illinois Marriage and Dissolution of Marriage Act and is recognized by Illinois courts. It can be rebutted by clear and convincing evidence to the contrary, such as DNA testing. The court's primary concern in these matters is the best interest of the child, which includes ensuring that the child's healthcare needs are met during and after the divorce proceedings.