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Woman asks ex to pay for freezing, storing eggs

Alimony is an ever-changing concept in Florida and across the United States. It’s no wonder that lawyers constantly have to keep up with the latest trends in family law in order to reach the best outcome for their client. A recent case coming out of another state has brought up yet another issue that lawyers may be seeing more and more in their practice – alimony for eggs.

We’ve already seen a few cases nationwide involving the custody of fertilized embryos, but what about the cost of paying for fertility services? The discussion is coming out of New Jersey, where a woman is asking her soon-to-be-ex to pay for the storage and freezing of her eggs. While the price of this procedure can vary greatly depending on the individual and clinic, it can be calculated by looking at things like the cost of surgery and freezing, the number of eggs to be frozen, and the number of children an individual hopes to have.

The woman’s lawyer feels that because the couple did in vitro fertilization several times during marriage, the woman, who is nearing her 40s, should be able to continue the treatments after divorce. While some say this case could lead to a slippery sloped of other individuals requesting payments for things like plastic surgery due to loss of youth during marriage, others say that a woman should be compensated if she missed her opportunity to have a child during marriage since it was, in a way, a sacrifice. It’ll be interesting to see how this case plays out. In the meantime, if Florida couples want to make rules in their marriage about the possibility of parenthood, it can be beneficial to include them in a prenuptial agreement.

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

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