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 Wisconsin, 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. Wisconsin law adheres to the marital paternity presumption, which means that a child born during the marriage or within 300 days after the marriage ends—whether by divorce, death, or annulment—is presumed to be the child of the married couple. This presumption is codified in the Wisconsin Statutes under family or domestic relations law. The presumption can be rebutted by clear and convincing evidence, such as DNA testing, but until it is rebutted, the husband is presumed to be the legal father of the child and may be responsible for child support and other legal obligations. 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.