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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 Utah, 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. Utah 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 spouses. This presumption also applies for a certain period after the marriage ends, typically 300 days, as per Utah Code Section 78B-15-204. This presumption can be rebutted by filing a petition to adjudicate parentage in accordance with Utah Code Section 78B-15-607. The court's decisions regarding healthcare and insurance during the divorce process will take into account the best interests of the child and the financial circumstances of the parents.

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Divorce

pregnancy

Individual & Family Legal Plan

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Utah State Code

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Divorce

pregnancy

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