What You Need to Know If You’re Pregnant and Your Spouse Files for a Divorce in New Jersey

Going through a divorce is never easy. Unfortunately, there are situations in which a divorce in New Jersey commences when a spouse is pregnant. There is little doubt that a divorce in New Jersey becomes even more complex and emotional when a spouse is pregnant. New Jersey family law has specific rules regarding divorce, child custody, and support that can significantly impact your rights and obligations. If your spouse has filed for divorce while you’re expecting, there are some specific facts that you need to understand.  

Can You Get a Divorce in New Jersey While Pregnant? 

In New Jersey, a court legally has the power to grant a divorce even if a spouse is pregnant. Keep in mind that a judge does have the discretion to delay finalizing certain aspects of a divorce until after a child is born. These matters can include:

• Child custody
• Child parenting time
• Child support

In simple terms, the New Jersey divorce itself can proceed; however, parenting and financial issues related to the unborn child may be postponed. On the other hand, if both spouses agree on all terms, the divorce can be finalized. In other words, the marriage itself will be terminated. Nonetheless, various child-related matters will be addressed separately and later after the child’s birth.  

How Pregnancy Affects Grounds for Divorce

New Jersey law has both what is known as fault based and no-fault divorce. As a general rule, pregnancy in and of itself does not impact the grounds for a divorce in New Jersey. In rare situations, a spouse might attempt to use issues potentially adjacent to a pregnancy as grounds for a no-fault divorce. For example, adultery might be alleged if the father of the child is alleged to be someone other than the spouse. Even with this noted, it truly is only on isolated occasions in which a pregnancy itself might evolve into an actual grounds for ending a New Jersey marriage.

Establishing Paternity in a Divorce Case

On a somewhat related note, if there is a dispute regarding whether or not the husband in a New Jersey marriage dissolution case is in fact the biological father. In such a situation, paternity may need to be ascertained more formally.

New Jersey law does presume that the husband is the father of a child conceived during the course or term of a marriage. If a husband disputes paternity in a marriage dissolution case, he can request a DNA test. The test will be performed after the child is born.

Child Support During and After Pregnancy 

Child support is calculated based on New Jersey’s child support guidelines. The guidelines are designed to consider both parents’ incomes and the child’s needs. Prenatal expenses that include medical bills and maternity care, can be factored into a New Jersey child support obligation.  

Once the baby is born, formal child support will be established. Typically, a child support obligation will be ordered to commence immediately.  

Alimony or Spousal Support Considerations

Pregnancy can impact alimony or spousal support. This especially can be the situation if a pregnancy ends up affecting a pregnant woman’s ability to work. Examples of specific factors that may be considered by the court in this type of situation include:

• Whether you need temporary support during pregnancy and postpartum recovery  
• Your earning capacity if you take time off work for medical reasons 
• Length of the marriage and each spouse’s financial situation

Health Insurance and Medical Coverage 

Finally, a pregnant woman who is included on her husband’s health insurance policy needs to contemplate alternatives to this type of protection for herself following a divorce. A child carried during the course of a divorce may be included on the father’s health insurance policy going forward. This will not be a possibility for the mother, however. Things that need to be taken into consideration include:

• Under COBRA, a person may keep the same insurance for up to 36 months
• Typically, a person relying on COBRA will have to pay the full premium 
• New Jersey law may require your spouse to maintain coverage for you and the unborn child during the divorce process.  
• If eligible, you can apply for Medicaid or NJ FamilyCare for prenatal and delivery cost

If you have questions concerning a divorce call (201) 845-7400 for a free consultation.