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 Massachusetts, 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, Massachusetts adheres to the marital paternity presumption, which means that a child born during a marriage or within 300 days after the marriage ends is presumed to be the child of the married couple. This presumption is reflected in Massachusetts General Laws, specifically within the family law statutes. It can be rebutted by clear and convincing evidence to the contrary, but until and unless it is rebutted, the husband is presumed to be the legal father of the child for all legal purposes, including child support and custody considerations.