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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 Montana, 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. Montana 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 applies for a certain period after the marriage ends, typically 300 days, as is common in many states. This presumption can be found in Montana's statutes, specifically in the family code or domestic relations code, and is reinforced by court opinions. It is designed to provide legal clarity regarding the paternity of a child born close in time to the dissolution of a marriage, and it can have implications for issues such as child support, custody, and inheritance rights.

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Divorce

pregnancy

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Montana State Code

Montana State Code

Divorce

pregnancy

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