How pregnancy can affect your divorce process

Walking away from a marriage can already be challenging. Doing so while pregnant can add another layer of complications. You may want to pay special attention to certain legal and financial hurdles that affect both you and your unborn child.

In New York, pregnancy can alter the standard legal separation filing. In addition to knowing what you want to get out of your divorce, you might need to consider how your pregnancy can delay the process and change the nature of your settlements.

Child custody and support

Coming to a mutual agreement on childcare and custody is an important part of the transition. New York allows you to finalize a divorce decree while pregnant, but child-related orders typically wait. Because courts cannot legally determine a child’s best interest until birth, they delay final custody and support rulings.

Pregnancy can introduce several delays when it comes to ending your marriage. Prioritizing a temporary arrangement on who will care for your new child and how you divide responsibilities can make the divorce process smoother.

Financial settlements

Your pregnancy can also heavily influence the financial distribution during a divorce, including:

• Alimony: Adjusting support to account for how pregnancy impacts your ability to work
• Medical bills: Accounting for the added costs of doctor’s visits, hospital stays and other medical expenses related to childbirth
• Health insurance: Determining how long and how much your spouse’s policy will cover your pre- and postpartum care

Clearly outlining these obligations early helps ensure that you and your child are taken care of before, during and after you give birth.

Proof of paternity

Under New York’s “marital presumption of legitimacy,” the law automatically assumes that your spouse is the legal father of your unborn child. However, if they deny this, the court may require a DNA test after the child’s birth.

Some spouses may try to dispute this to avoid future support and custody obligations. Being ready with medical documentation is often a vital step in having parentage recognized by the law.

Proving paternity is a distinct and essential part of the divorce process when one party is pregnant. Seeking legal advice can help you better understand how this fits into your particular case.

A new start for you and your child

The physical and emotional demands of pregnancy can add to the challenges of an ongoing divorce. By understanding its legal and financial implications, you can find solutions that can provide a more stable start for you and your unborn child.