When a couple divorces, the higher-earning spouse may fear that despite the end of the marriage, they will have a financial obligation to support their ex forever. However, in California, the presumption is that spousal support (also known as alimony) is not indefinite. Rather, in most cases, it is meant to provide a period of assistance that allows the supported spouse time to develop their job skills or advance their career to the point where they can achieve financial independence.
When spousal support is ordered, the court may make this expectation clear by issuing a “Gavron Warning”. Knowing what this warning is and its implications for alimony is essential for understanding each party’s rights and responsibilities, as well as what can be done to keep support from being discontinued prematurely or extended when it is no longer appropriate.
Spousal Support Is A Complex Issue
What Is a Gavron Warning?
The term “Gavron Warning” comes from a 1988 California case, in re Marriage of Gavron. In this case, the appeals court reversed the trial court’s decision to end spousal support because the supported spouse was not informed of the expectation to become self-sufficient or given an appropriate length of time in which to do so after the trial court’s order. Since then, the effects of this case law have been written into California’s Family Code § 4330, which 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, taking into account the particular circumstances considered by the court pursuant to Section 4320, unless, in the case of a marriage of long duration as provided for in Section 4336, the court decides this warning is inadvisable.”
In short, a Gavron Warning puts the party receiving spousal support on notice that support is not intended to continue forever. One is usually issued at the same time as the support order, if the court judges it appropriate to do so. (Note that Gavron Warnings do not apply to child support.) What that means for each individual case can vary considerably, however.
Spousal Support in California
In California, how much and how long spousal support may be ordered depends first on whether a marriage is considered short or long-term. For marriages of under ten years, support generally can last for up to half the length of the marriage. For marriages of long duration (10 years or more, in most cases), the court will make an individual determination on what is appropriate, considering factors such as the earning capacity of each spouse, their age, their assets and debts, their age and health, and more.
Even if ordered to continue long-term, alimony payments can potentially be reduced or terminated. For example, if either party’s financial circumstances change (the supported party’s income increases to the point where they can support themselves, the supported party is cohabiting, or the payor retires, suffers a loss of income, or loses their job), a modification can be requested. If the supported party remarries or either party dies, spousal support automatically ends.
It is also possible for the court to reduce or remove spousal support if the supported party fails to make reasonable efforts to become self-supporting within a reasonable period of time after receiving a Gavron Warning. This is why it should not be regarded as a mere formality that can be disregarded.
Impact of a Gavron Warning on Alimony
What a Gavron Warning means or whether one is appropriate is a highly individual determination. In a divorce involving a long-term marriage where the supported spouse spent a considerable time out of the workforce and is near or at retirement age, they might not ever be able to achieve a level of income that enables self-sufficiency, and no Gavron Warning would be issued. On the other hand, a spouse with a higher education and more recent employment experience may be expected to become self-supporting more quickly. If a court is asked to determine whether an individual is complying with a Gavron order, they will look at the specific facts of the case to make a judgment on whether a good-faith effort has been made.
What happens when the court decides that a supported spouse has not made reasonable efforts to become financially independent? Perhaps they didn’t try to further their education or training to find a job or they’re underemployed, earning money but not at a level equal to their experience and education. The court can impute income to the supported party, meaning that they would consider the party’s earning capacity (rather than the amount they are currently earning) to reduce or terminate the spousal support order.
This potential impact makes it highly advisable to have experienced family law representation, whether you are the spouse paying support or the one receiving it. A knowledgeable attorney can help advise when a Gavron Warning is appropriate, advocate for a modification of a support order, or make a case for keeping current levels of support in place.
Providing Guidance on Spousal Support in Northern California
Spousal support is a complex issue, and failing to understand your rights and responsibilities can harm your long-term financial well-being. The experienced family law team at Hoover Krepelka can provide the answers you need and advocate for your best interests. To schedule your consultation, fill out the form below.
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