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The Gavron Warning and California Spousal Support

On Behalf of | Apr 8, 2019 | Spousal Support

What is the relationship between the Gavron Warning and California spousal support?  Many Californians believe spousal support continues forever until a former spouse dies or remarries.  While this may be true for marriages of long duration, it simply doesn’t apply to the majority of permanent spousal support orders.  Judges covering divorce cases here in Carlsbad, Oceanside, Encinitas and across North County San Diego often invoke the “Gavron Warning.”

The Gavron Warning comes from an appellate case a few decades ago, and was later embodied in the California family law code.  Generally speaking, the Gavron Warning tells the recipient of support they are required to make reasonable efforts to gain financial independence within a time frame established by the Court.

Spousal support will not continue forever in these cases.  It is interesting that the Gavron Warning is sometimes given when the spouse receiving support is technically “working.”  The Court may believe the person is “under-employed” and not working enough hours or taking the right type of work based upon their qualifications to be self-sustaining.

California law does not provide guidance to the Court in terms of a specific time frame for the spouse receiving support to become self sustaining.  Each case is unique, and the Judge will base the time frame given (if any is given at all) upon multiple factors.

The seasoned family law attorneys at Burke & Domercq protect our client’s interests in these cases.  We use our proven trial skills, negotiation, experience and expertise to achieve our client’s goals and the best possible outcome in their case.  If you are concerned about the Gavron Warning and California spousal support issues we invite you to review the strong recommendations of our clients and the legal industry and contact Burke & Domercq or call 760-389-3927 to schedule an appointment with one of our experienced family law attorneys.