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 North Carolina, if a spouse is pregnant during the divorce process, the court can issue orders regarding the payment of healthcare costs and the provision of health insurance for the mother and child. This is in line with the state's interest in ensuring the welfare of the child and the mother's health during and after pregnancy. Additionally, North Carolina adheres to the marital paternity presumption, which means that a child born during a marriage or within a certain period after the marriage ends is presumed to be the child of the married couple. This presumption can be found in the state's statutes under family or domestic relations law. It is designed to provide legal certainty for the child's paternity and can be challenged in court if there is evidence to the contrary. The specific period for this presumption in North Carolina is 280 days after the termination of the marriage or cohabitation.