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The Gavron Warning in a San Diego Divorce

On Behalf of | Feb 6, 2022 | Spousal Support

What is the Gavron Warning in a San Diego divorce?  When is the Gavron Warning issues and to what California family law issue does it apply?

The Gavron Warning is simply a notification issued by the Judge in issues associated with spousal support during or after a San Diego divorce.  In essence, the Gavron Warning is a legal reminder that spousal support will not continue in perpetuity and that the Judge expects the recipient of spousal support to become self-sufficient within a specific period of time.  The recipient is reminded not to rely upon spousal support as a permanent source of income, but to find substantive work or obtain the necessary skills or education needed to become self-reliant within a specified period of time.

The Gavron Warning in a San Diego divorce makes it clear that the recipient of spousal support must make every effort to either gain employment or increase their earnings within “a reasonable period of time.”  What is a “reasonable period of time” based upon California Family Law?  Generally speaking, the length of the underlying marriage will have a substantial impact on not only the duration of the spousal support itself, but the “reasonable period of time” which might be required for the recipient of spousal support to either find work or increase their earnings to become self-supportive.

In cases where the marriage lasted less than ten years, it is not uncommon for spousal support to be limited to a period of time roughly equal to half of the duration of the marriage or less.  If the marriage lasted longer than ten years, and the recipient of spousal support has made substantial sacrifices to support their spouse while they sought additional education or licensing, or left the workforce to raise children and/or manage the household the duration of spousal support can be several years.

It is important to note, in the context of spousal support, that a “permanent” order does not mean “from here forward.”  The Judge has broad discretion under California Family Law after considering a substantial number of factors in the case to determine the length of a spousal support order as well as the need for the Gavron Warning in a San Diego divorce. Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.