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 New York, 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. Under New York law, there is a presumption of legitimacy 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 is typically found within the state's Domestic Relations Law. The presumption can be rebutted by clear and convincing evidence to the contrary. The court's primary concern is the best interest of the child, and it will make decisions regarding custody, child support, and healthcare in accordance with this principle. It is important for individuals going through a divorce in New York to consult with an attorney to understand how these laws may apply to their specific situation.