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 Dakota, 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 the mother and the unborn child. This is in line with the state's interest in ensuring the welfare of the child and the mother. Additionally, North Dakota adheres to the marital paternity presumption, which is a legal principle that presumes that a child born during a marriage, or within a certain period after the marriage ends, is the child of the married couple. This presumption is typically found in the North Dakota Century Code (state statutes), specifically within the family law or domestic relations chapters. The presumption can be rebutted by clear and convincing evidence to the contrary, but until then, the husband is presumed to be the legal father of the child. This presumption ensures that the child has legal parents responsible for their support and welfare.