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Should man pay $20,000 to his ex so she can freeze her eggs?

There is a lot at stake when two individuals decide to divorce. When the decision is made, spouses prepare themselves for the inevitable conversations surrounding property division, spousal support, and child support and custody, if they have children. Although most divorces concentrate on similar concepts, in the long run, the uniqueness of every family will dictate the outcome of the divorce.

While some may be battling over child support and custody, others are concentrating on the lack there of. A recent case coming out of another state is concentrating on a couple’s inability to have a baby and what that means in terms of the divorce settlement.

A woman is asking her ex to pay her $20,000 so she can freeze her eggs and have them stored. Although the couple tried to have a baby through in vitro fertilization, they inevitably failed. The woman, who is 38 years old, does not want the end of the marriage to be the end of her chance at parenthood.

This specific topic is not in any state case law, but there is precedent involving custody of fertilized embryos. In those cases, the court recognized that women are at a disadvantage when it comes to having a child due to their biological clock. In the case of the 38-year-old woman, her lawyer says because the couple did fertility treatments during marriage, she should be able to do so after divorce.

Although the case has yet to come to a resolution, it brings to light the ever-fluctuating nature of family law in Mississippi and across the country. Divorce cases are not one-size-fits all and an experienced lawyer will be able to use his or her knowledge to help a client reach the best outcome based on their specific needs.

Source: New York Times, “Alimony for Your Eggs,” Sarah Elizabeth Richards, Sept. 6, 2013

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