Pregnancy During Divorce: What Happens in Florida?

Divorce can be an emotionally turbulent time for any couple. However, there are also components that can complicate matters. These usually revolve around custody arrangements or the division of assets. One issue that can combine these elements and more is if your spouse is pregnant during the divorce process. 

Florida has its own set of laws and regulations that come into play when pregnancy coincides with divorce proceedings. Understanding how this impacts divorce and the subsequent custody arrangements is crucial for both parties involved, particularly fathers who may face unique challenges. Given the complexity of this issue, it's also more important than ever to work with an attorney with experience in representing fathers in Florida’s family court system. 

Let’s take a moment to explore some key considerations for a pregnancy during a divorce and what happens in Florida. 

How Could Pregnancy Affect Division of Assets?

Divorce tends to be a challenging time. One of the most difficult elements couples must navigate is the often intricate process of dividing their assets. For men going through a divorce in Florida,  you’ll find that the legislative processes applied relate to the principle of equitable distribution. This means that assets gained during the marriage are divided fairly between both parties. However, if your ex is pregnant, you might be concerned that this will alter how the division of assets is handled.

It’s important to recognize that equitable distribution doesn’t necessarily mean that the value of your assets will be split down the middle. Rather, it means that the courts or mediators will aim to come to a division that is considered fair. This is where your ex’s pregnancy can complicate matters. 

This is because the core tenets of equitable distribution require the courts to consider a range of areas when determining what type of division is likely to be considered fair. This includes the economic circumstances of both parties and how the marriage or pregnancy disrupted either party’s career. It also involves considerations about whether the primary custodial parent might require the family home or other property to meet the child’s needs.

Each of these elements may be argued by your ex’s attorney as cause to obtain what may amount to a greater degree of jointly owned assets than would have been the case prior to the pregnancy. After all, your ex’s inability to work both during and following the pregnancy may lead to the need for more resources than you. Not to mention that — in many cases — the mother of the newborn usually gains primary custody, so is the most likely recipient of the resources needed for the child’s care.

Certainly, you should be working with an experienced divorce attorney in Florida to ensure you’re represented in a way that ensures the court aims to enact equitable division of assets. The courts should also be taking into account the intended custody arrangements for the future and how your role as a father may affect your career, earning potential, and finances. Nevertheless, it’s important to be prepared for the possibility that your property division may be affected.

What Are the Custody Considerations?

Child custody is one of the most important considerations in any divorce case. After all, neither parent wants the shared child to be negatively impacted by the separation. However, when one party is pregnant, the custody process can be slightly more complicated than when the children have already been born. Perhaps the thing that doesn’t change is that the courts’ — and your respective attorneys’ — primary concern is the best interests of the child.

Firstly, it’s important to understand that the Florida family courts will not usually finalize your divorce while your ex is still pregnant. This is because the courts will want to confirm all financial and custody arrangements before completing the process. In some instances if you as the father sign an affidavit that you accept financial responsibility for the child, a divorce may be granted sooner. That said, it’s unwise to take rash actions simply because you want to speed up the finalization process. Be open to taking the time needed to fully follow the custody procedure so that you and the child gain fair arrangements.

The process usually begins with your attorney informing the courts during filing that your spouse is pregnant and that you are believed to be the father. From here, you, the mother, and your respective attorneys can get to work on the intended custody arrangements if you’re both amenable. However, these certainly can’t be finalized before the birth. After all, your child may have unexpected additional health needs, which may impact child support payments and other arrangements. Finalizing prematurely could result in additional court dates for modifications.

Another reason for waiting to divorce until after the child is born is the fact that, under Florida law, while you’re still married you are automatically confirmed as the father. As a result, this status can make custody arrangements less complex. However, if you have any doubts at all about the paternity of the child, it’s vital to raise these as early as possible. This enables your attorney to put measures in place to inform the court of these concerns and set testing arrangements in motion. This means that terms aren’t agreed or legally binding before paternity has been confirmed.

Could Your Ex Use Pregnancy Maliciously?

Divorces can be emotionally charged and contentious. Unfortunately, this can lead to some people adopting tactics that exploit their partners or gain advantages in the situation. You may be concerned that your ex could use their pregnancy to act maliciously throughout the divorce process and beyond.

Firstly, it’s important to inform your attorney if your ex has exhibited poor behavior or has outright threatened to use their pregnancy to gain unfair leverage. Your lawyer has likely had significant experience of the tactics former spouses utilize during divorce and can help you best protect yourself. But, what types of action might your ex take?

Some of the strategies could include:

Intentional pregnancy 

One strategy is to intentionally become pregnant — despite the belief that one or both of you have been using effective contraception — in an attempt to sway the court's decision in favor of the pregnant party. This may seem like an extreme tactic, but it’s not unheard of, particularly in high net value divorces. However, the Florida courts take a serious stance against dishonest and manipulative behavior. It’s essential to work with your attorney to gather evidence and present it to the court. This may include documenting conversations, communications, and any inconsistencies in your former spouse's claims or behavior.

False pregnancy

Your ex may falsely claim they’re pregnant and perhaps even fabricate evidence in order to gain a financial advantage related to the division of assets. They might use this claim to play on your emotions, too. The goal here is usually to have you sign an affidavit confirming financial responsibility for the child so that the divorce can be finalized before their lie is discovered. However, they can face legal consequences if they’re found to have purposefully misled you and the courts. It is important to remain cautious and gather evidence to verify the pregnancy claims, such as medical records or consultations with healthcare professionals.

Access threats

One way an ex might maliciously use their pregnancy is by threatening you with withholding custody access. This may involve questioning your fitness as a father or make claims regarding abuse or drug use. The aim might be to have you agree to an unequal division of assets or simply to emotionally “punish” you. It is essential to work with your attorney to maintain evidence that proves your ability to provide a safe and nurturing environment for the child and maintain records of any threats your ex has made.

Call The Family Law Attorneys Men Trust (813)-336-5547

In Law We Trust Divorce and Family Lawyers is a premier firm of divorce lawyers representing men in family law proceedings. We have years of experience representing men who are navigating complex aspects of divorce and custody, including how pregnancy affects the situation. Our team’s experience and skills help to guide our clients through the challenges of the Florida family law courts. Call us today and get the proper representation men need and deserve.