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 West Virginia, 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. Additionally, West Virginia 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. The presumption is designed to provide stability and legal certainty for the child's paternity and typically extends to children born within 300 days after the termination of the marriage. However, this presumption can be challenged in court if there is evidence to the contrary.