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Fertility Preservation as Part of a Divorce Settlement

A http:// pasadenalawoffice.com/ Practice_Areas/Family_Law_Articles.aspx Pasadena divorce can be devastating for a woman who desperately wants to become a mother. A man has plenty of time to remarry and have a family, but a woman whose fertility is on the decline faces a series of tough choices when her marriage falls apart. Due to biological limitations, she can't simply sit back and hope she'll be able to conceive when she meets someone new.

The New York Times recently reported that growing numbers of women are asking their ex-husbands to cover the cost of fertility medicines, egg extraction surgery, and egg storage fees. A woman who was already undergoing fertility treatments during the marriage can argue that the treatments are part of the marital lifestyle and should be on the table as part of the divorce settlement, much like money would be allotted to cover other lifestyle perks like frequent travel.

No state case law covers the awarding of money to freeze unfertilized eggs. However, there have been cases in the past where a woman has been awarded custody of fertilized embryos in recognition of the limits of the female biological clock. One could also argue that a woman's willingness to delay childbearing to help her husband pursue his career goals is a form of sacrifice that should be compensated, much in the same way she'd be compensated if she sacrificed her own career in order to stay home with the couple's children.

If fertility preservation is something that is important to you as part of your divorce settlement, you should discuss this issue with your attorney as soon as possible. He or she will need time to determine the best way to proceed with this sensitive issue.

How Can We Help?

If you are seeking legal representation during your divorce, please call our office at (626) 683-8113 or email us at info@PasadenaLawOffice.com. Our Pasadena family law firm is staffed with experienced attorneys who are eager to advocate for your interests throughout the divorce process.

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