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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 Hawaii, 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. Under Hawaii law, there is a marital paternity presumption which means that a child born during the marriage or within 300 days after the marriage ends, whether by divorce or death, is presumed to be the child of the spouses. This presumption is codified in Hawaii's statutes under the family or domestic relations code. The presumption can be rebutted by clear and convincing evidence to the contrary, such as DNA testing. The court's primary concern in these matters is the best interest of the child, which includes ensuring that the child's healthcare needs are met during and after the divorce proceedings.

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Divorce

pregnancy

Individual & Family Legal Plan

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Hawaii State Code

Hawaii State Code

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Divorce

pregnancy