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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 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 both the mother and the child. Virginia law adheres to the marital paternity presumption, which means that a child born during the 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 family or domestic relations statutes. The presumption can be rebutted by clear and convincing evidence that the husband is not the father. It is important for individuals going through a divorce in Virginia to consult with an attorney to understand how the pregnancy may impact the divorce proceedings, particularly concerning issues of child support, custody, and health insurance.

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Divorce

pregnancy

Individual & Family Legal Plan

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Virginia State Code

Virginia State Code

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Divorce

pregnancy