What Happens If I Get Pregnant During My Divorce?

A pregnancy during a divorce in Ontario raises questions about parentage, child support, and the timing of your final divorce order. The pregnancy does not stop the divorce, and the court can still grant it once the legal requirements are met. Ontario law also sets out how the new child fits into support and parenting once the baby is born.

Does a pregnancy stop a divorce in Ontario?

Ontario follows the federal Divorce Act, which sets the grounds and requirements for a divorce. A divorce in Canada rests on 3 grounds under the Divorce Act: a 1-year separation, adultery, or cruelty.

A pregnancy changes none of these grounds, so the court can grant the divorce while you are pregnant. The court applies a condition that matters here: a judge must be satisfied that reasonable support arrangements exist for the children of the marriage. A new baby can therefore affect the timing of your final divorce order, as the next sections explain.

Who is the legal parent of a child born during a divorce?

Section 8 of the Children’s Law Reform Act presumes that the birth parent’s spouse is a parent of the child. This presumption applies to a child born during the marriage, even while the divorce is still ongoing. The presumption is rebuttable, so a spouse can challenge parentage with evidence such as a DNA test.

Any person with an interest can ask the court for a declaration of parentage under section 13 of the same Act. The court can order DNA testing under section 17.2 to settle the question. A declaration of parentage binds everyone for all purposes under Ontario law, and it fixes who holds parental rights and child support duties.

How does a new baby affect child support?

A child born during the marriage can be a child of the marriage under the Divorce Act. Child support then follows the Federal Child Support Guidelines, which set the amount by income and number of children. A parent’s duty to support arises from the parent-child relationship itself. This duty holds even when the parent did not plan or want the child. The obligation begins at the child’s birth and continues regardless of the parents’ relationship. Parents cannot waive a child’s legal right to support. The duty plays out differently in 2 situations:

• the child is the legal child of both spouses, so both share the support obligation
• the child was conceived with another partner, so the spouse can rebut the parentage presumption and avoid support, unless he treated the child as his own

Can the court finalize your divorce before the baby is born?

Section 11 of the Divorce Act requires the court to confirm that reasonable arrangements exist for the support of any children of the marriage. A judge can hold back the final divorce order until these arrangements are in place.

You can still complete the divorce, and the support and parenting terms can follow as corollary relief, which is the term for the child support, spousal support, and parenting orders that a court attaches to a divorce.

A birth after the divorce still leaves you free to claim child support. Because the child was not part of the divorce proceeding, you bring a separate court application for support and, where needed, a declaration of parentage. The same Child Support Guidelines set the amount in that later application.

What happens with parenting after the birth?

A court decides parenting time and decision-making responsibility for the child on the best interests test. Decision-making responsibility covers the major choices about a child’s health, education, and upbringing.

The Divorce Act sets out the factors for this test, including the child’s needs, each parent’s history of care, and any family violence. The court assesses these needs only after the birth, so parenting terms usually take shape once the child arrives.

Early arrangements often give the primary caregiver most of the parenting time, and the other parent’s time builds up as the child grows. You can set interim terms by agreement or by motion while the divorce continues.

Divorce lawyer in Etobicoke

At Noori Law, Ms Hind guides clients in Etobicoke and across the GTA through divorce, parentage, and child support when a pregnancy is involved. We explain your rights clearly and prepare the arrangements the court expects. Noori Law provides a thorough legal assessment of your position before any decisions are made.

Please book a consultation to learn more about our family law services.