Can You Get a Divorce While Pregnant?
Posted in Divorce on July 31, 2026
Exploring divorce while you or your spouse is pregnant can introduce certain complications that you should be aware of before starting. Can you get a divorce while pregnant? In California, you legally can file for divorce while pregnant, as long as you meet the state’s other filing criteria. But you cannot finalize certain matters in the divorce until after the child is born.
A divorce attorney can help you consider all potential implications of starting the divorce while pregnant. They can also help you protect your rights and navigate custody decisions during this process.
Can You File for Divorce While Pregnant?
It is legal to file for divorce while pregnant in California, and you do not need to wait until the baby is born to start the process. California has a mandatory waiting period of six months and one day between when a spouse is officially served with divorce paperwork and when the divorce can be finalized. This still applies when a pregnancy is involved, but certain matters may need to wait until after the child’s birth.
For example, courts cannot enter visitation or custody orders until after the child is born. Child support also cannot be formally ordered until there is a legally recognized child. For both matters to be finalized in your divorce, you may need to wait until the child is born. But you can finalize other matters, such as property division, before the birth.
A pregnancy could arise at any point in this process, either before filing or during the divorce. When a spouse becomes pregnant during the divorce process, issues like paternity determinations and child custody can become a bit more complicated. But generally, the court will handle the process the same way.
Reasons a Couple May Consider Divorce While Pregnant
California is a no-fault divorce state, which means neither spouse has to prove misconduct or wrongdoing to legally end the marriage. Couples can choose to divorce in California for any reason, as long as they state that the relationship cannot be repaired. A person also does not need their spouse’s agreement to get a divorce.
Some people may question a couple’s decision to divorce while pregnant. But many issues can lead a couple to start divorce proceedings during a pregnancy:
- Domestic abuse and safety
- Suspected infidelity
- Paternity disputes
- Mismatched parenting roles
- Failed “band-aid” pregnancies that were an attempt to fix the marriage
- Lack of paternal desire to parent the child
- Mental health crises
Whatever the case, deciding to divorce while pregnant can feel like a major decision, and it will impact how the child is raised and how issues like custody and support are handled. Often, a couple will not decide to divorce during a pregnancy unless they have been experiencing issues for some time and feel that there is no hope for the marriage.
How Presumed Paternity Works During a California Divorce While Pregnant
When a married couple becomes pregnant, California law automatically assigns legal paternity to the father. The same is true if the child is born within 300 days after the marriage is dissolved.
If neither spouse contests paternity, the husband will automatically have parental rights and financial obligations for the child. The court would generally wait until the child is born to finalize issues like custody or support.
If either party is uncertain about who the genetic father is, they can bring these concerns up during divorce and go through the process of establishing paternity. This often involves genetic testing to determine the biological father. A judge may also consider other factors when establishing paternity, such as marital status when the baby was conceived and the role another man potentially played in the marriage around the time of conception.
Establishing paternity is necessary if a father wants to assert parental rights, or if they do not believe they are the child’s father and want to avoid owing child support. Because this issue can become complicated when pregnancy happens around the time of a divorce, consulting a paternity lawyer may be helpful.
Assigning Child Support and Child Custody in a Divorce While Pregnant
Divorce when children are involved requires the spouses to navigate issues like child custody and child support. If both spouses agree about how they will split legal and physical custody of the baby, they may be able to draft a parenting agreement and submit it to the court for approval. Otherwise, the judge can intervene and assign custody after evaluating a range of factors.
Parents are responsible for contributing to the child’s financial upbringing, regardless of whether they have custody. The court can also create child support orders based on how the parents will divide custody, each parent’s income, and other factors. The higher-earning parent may owe child support even if they share partial custody.
Both of these actions generally cannot occur until the baby is born. While you can begin thinking about custody and support now, the court will not create orders until after the birth.
Understanding Who Pays for Pregnancy-Related Medical Expenses During Divorce
Another issue to consider when exploring whether you can divorce while pregnant is how you will split pregnancy-related medical expenses. Generally, pregnancy expenses that arise before the divorce is finalized would be considered marital debt, meaning both parents would be financially responsible. The court may also prohibit the removal of a spouse from an employer-provided health insurance program while the divorce is pending.
Talking to a divorce lawyer and seeking court orders can help you manage pregnancy-related expenses after the divorce is finalized. For example, you may file a motion for temporary financial orders to compel your spouse to pay immediate financial support for out-of-pocket medical expenses. You might also request temporary spousal support while pregnant, but eligibility depends on both of your financial situations.
Navigating Health Insurance Coverage When Divorcing While Pregnant
You must also consider how health insurance coverage will change after the divorce. If the pregnant spouse relies on their spouse’s health insurance coverage, they cannot remain on it after the divorce. They may be able to extend it temporarily under COBRA guidelines, but they should promptly explore alternative coverage options.
Regarding whose health insurance the child will be on, the court may order that the parent who has affordable, high-quality coverage through their job enroll the child. Both parents may cover the child on their health insurance plans if applicable, and the “Birthday Rule” determines which insurer becomes the primary provider. This rule states that whichever parent’s birthday falls earlier in the calendar year, their plan would be the primary plan.
Seek Legal Guidance From Ratzer | Dobis Today
Can you get a divorce while pregnant? You can start the process now and finalize it after the baby is born, as long as that occurs at least six months after filing.
Whether you are wondering about the potential complexities of divorcing while pregnant or about the differences between contested and uncontested divorces, having an experienced attorney on your side can be extremely helpful.
Ratzer | Dobis represents clients across the Solana Beach area through complex divorce and family court matters. Call us today at 858-240-8542 to request a free consultation.