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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 Indiana, 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. Indiana law adheres to the marital paternity presumption, which means that a child born during a marriage or within 300 days after the marriage ends—whether by divorce, annulment, or the death of one spouse—is legally presumed to be the child of the married couple. This presumption is codified in Indiana's statutes, specifically within the Indiana Code under Title 31 (Family Law and Juvenile Law), and can be challenged in court under certain circumstances. The court's primary concern is the best interest of the child, and it will make decisions regarding custody, support, and healthcare in accordance with this principle.

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Divorce

pregnancy

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Indiana State Code

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Divorce

pregnancy