Gavron Warnings in California Spousal Support
California law operates under the presumption that spousal support, also commonly known as alimony, is not an indefinite, limitless thing. Instead, in most cases, spousal support is intended to provide a time period for the lower earning spouse to adjust to their new life circumstances, and to develop job skills or advance their career to become self-supporting. The spousal support is meant to act as a bridge between the end of the marriage and the lower earning spouse achieving financial independence.
When spousal support is ordered, to make this expectation particularly clear, the court may issue what is called a “Gavron Warning.” Knowing what a Gavron Warning is, and the implications it has on spousal support can help each party clearly understand their rights and responsibilities.
What Is a Gavron Warning?
The term “Gavron Warning” stems from the 1988 California case, In re Marriage of Gavron. In this case, the appeals court reversed the trial court’s original decision to end spousal support. This was because the supported spouse had not been informed of the expectation that they become self-sufficient, nor had they been given an appropriate length of time in which to do so. Since the ruling of this case, the effects of this case law have been written into California Family Code. California’s Family Code § 4330 states that:
“When making an order for spousal support, the court may advise the recipient of support that the recipient should make reasonable efforts to assist in providing for their support needs….”
The law goes on to make an exception for long-term marriages, as follows:
“….unless, in the case of a marriage of long duration….the court decides this warning is inadvisable.”
The Gavron Warning allows a court to put the lower-earning spouse on notice that spousal support from their ex is not intended to last forever. One is usually issued at the same time the support order is granted. However, the length of time spousal support is ordered to continue is a calculation all in itself.
Length of Spousal Support in California
In California, how much spousal support is ordered and how long it might carry on typically will depend on how long the marriage lasted and other factors listed in California Family Code section 4320. Marriages that lasted less than ten years can generally expect to receive support for half of the length of their marriage. For example, a marriage which lasted eight years might see a spousal support order run for four years.
For marriages of a longer duration, the court will make a case-by-case determination of what is appropriate. The court will consider factors listed in California Family Code section 4320, such as an individual’s earning capacity, the marital standard of living, the parties age and health, and the extent of assets, debts.
Contact Cardwell Steigerwald Young LLP
The San Francisco spousal support attorneys at Cardwell Steigerwald Young LLP understand how monumental spousal support orders can be, both for those receiving and those looking toward needing to pay the order. To receive expert legal counsel on how to best position yourself in your own case, contact our team today.
Source:
In re Marriage of Gavron (1988) 203 Cal.App.3d 705
