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 South Carolina, 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. The state adheres to the marital paternity presumption, which means that a child conceived or born during the marriage is presumed to be the child of the married couple. This presumption also applies for a certain period after the marriage ends, typically up to 300 days. This principle is embedded in South Carolina's family law statutes and is reinforced by court opinions. It is designed to ensure that the child's welfare is protected and that the child has access to financial support and healthcare from both parents. The court's primary concern in these matters is the best interest of the child, and it will make decisions regarding custody, child support, and healthcare accordingly.