In dissolving a marriage, divorcing spouses typically must sort through many important issues, such as spousal support, child custody and visitation, and child support, to name but a few. Add to these items the matter of a woman's fertility -- and spouses may have yet another, unexpected item to negotiate at the bargaining table. Navigating the San Diego family court system can be complicated and overwhelming, especially when facing the end of a marriage. It is vital that you contact an experienced, local family law attorney to help you get through the process with ease and a sense of confidence in the outcome.
According to a news article, a woman from New Jersey is asking her soon-to-be ex-husband to pay $20,000 for costs associated with an "egg-freezing" procedure, with the hope of preserving her fertility after the divorce. The couple had been married for eight years and had always anticipated that they would have a family. The wife is now 38-years-old and getting divorced. During the marriage, she had an expectation of having children. With the advent of fertility treatments, and advances in medical science, women now have the opportunity to preserve their eggs until they are ready to bear children. With this opportunity comes a way to measure the value of fertility: costs associated with egg extraction surgery, the number of eggs one can expect to obtain and preserve, freezing, the number of children one hopes to have, as well as the success rate of the clinic used. That amount is estimated at anywhere between $5,000 and $13,000.
In this case, the couple made several attempts at in-vitro fertilization during the marriage. The wife's attorney is suggesting that because of this, fertility treatments were part of the marriage and should be considered part of the marital lifestyle and, therefore, maintained as much as possible after the divorce. There is no state case law precisely on this issue. In some rare cases, courts have recognized the limits of a woman's fertility and awarded her custody of previously fertilized embryos. As the article indicates, the question of whether the cost of egg freezing should be included as part of a divorce settlement is complex.