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 Mississippi, 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 unborn child. Mississippi 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 husband. This presumption also extends to a certain period after the marriage ends, typically up to 300 days. This presumption can be found in the state's statutes, specifically under the Mississippi Code, which governs family and domestic relations law. The presumption is intended to protect the best interests of the child and may be rebutted only under specific circumstances, such as through genetic testing or other substantial evidence. The court's primary concern in these matters is the welfare of the child, and it will make decisions regarding healthcare and insurance in alignment with that priority.