A wooden gavel rests on a sound block beside a brass balance scale, emblematic of a criminal defense lawyer's arsenal. These items, surrounded by books and papers, symbolize law and justice. The softly blurred background evokes the ambiance of a courtroom or legal office setting.

Should Fertilized Embryos Or Fertility Treatments Be Considered Part Of The Marital Lifestyle And Be

With the advance of modern technology, and in particular with the advances of in vitro fertilization, leads to the question of whether a soon-to-be former husband should be responsible for a wife’s future egg-freezing procedures, medication costs or embryo/egg storage costs. The reality of the situation is that couples often delay having children in order to establish their careers. What happens if a married couple always planned to have children or had made several failed attempts at in vitro fertilization before the marriage began to unravel?

Generally, the procedure of extracting and freezing eggs costs between $5,000 and $13,000. At the end of a divorce, the purpose is to equitably divide marital assets. The argument can be made that fertility treatments should be considered part of the marital lifestyle. Likewise, the argument can be made that a wife’s missed chance to have a baby during the marriage is akin to a form of sacrifice for which she should receive compensation. This argument is similar to one spouse’s expected compensation for contribution toward the other spouse’s higher education costs (i.e. law school, medical school, graduate school).

In some cases, courts have acknowledged the realities of a woman’s biological clock and awarded her custody of fertilized embryos. For instance, an Illinois appellate court held that a woman could keep custody of the embryos she and her ex-boyfriend created before she became infertile due to cancer treatments.

In other words, when it comes to fertilized embryos and/or the cost of in vitro fertilization treatments in the context of a couple’s marriage and impending divorce, nothing should be off the settlement table. And, a woman may very well be able to receive the embryos and/or fertilization treatments, medical costs, etc., in a divorce.

Get to know Townsend Tomaio & Newmark
Play Button
video thumbnail
What Are The First Steps in Getting a Divorce in New Jersey? | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
How Do Courts Decide on Custody? | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
Is Mediation Cheaper Than a Litigated Divorce? | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
How Child Support is calculated | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
Determining Alimony | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
How Can I Prevent My Spouse From Moving With My Child Out of State? | NJ Family Law Attorneys
Play Button
video thumbnail
Final Restraining Order | NJ Divorce and Family Law Attorneys
View More videos
In Our Community
Logo for Community Soup Kitchen and Outreach Center Inc. featuring a stylized orange soup bowl with steam. Text reads: Logo of the Randolph Education Foundation (REF) featuring an open book with stylized pages, symbolizing knowledge and guidance, next to the text The logo of Mayo Performing Arts Center showcases a purple stylized Logo of JBWS with two overlapping hands, featuring the text Logo for Interfaith Food Pantry Serving Morris County, featuring a red apple icon on the left, symbolizing nourishment and community support akin to how family law attorneys provide guidance in strengthening family foundations.Logo for CASA of Middlesex County, Inc. It features a blue figure with a heart overhead, symbolizing care and protection, and the text “Court Appointed Special Advocates for Children” below. Perfectly aligning with the mission similar to Family Law Attorneys in safeguarding children's rights.
Website Designed & Managed by
Accel Marketing Solutions