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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 Washington State, 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. Washington law 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 typically extends to 300 days after the termination of the marriage. The marital paternity presumption is codified in the Revised Code of Washington (RCW) under the family or domestic relations laws. It is important for individuals going through a divorce in Washington to be aware of these provisions, as they can significantly impact decisions related to child support, custody, and other parental responsibilities.

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Divorce

pregnancy

Individual & Family Legal Plan

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Washington State Code

Divorce

pregnancy

Articles