What is a Gavron Warning in a Spousal Support Case?
In many divorce and legal separation cases throughout California, , the court will order spousal support. Under the California Family Code, “the court may order a party to pay for the support of the other party an amount, for a period of time, that the court determines is just and reasonable, based on the standard of living established during the marriage, taking into consideration the circumstances” of the marriage and the parties. Spousal support is ordered when one of the parties needs the support on a temporary or long-term basis as a result of the divorce and their circumstances, financial or otherwise.
The California Family Code also makes clear that, when a court makes an order for spousal support, it “may advise the recipient of support that the recipient should make reasonable efforts to assist in providing their support needs, taking into account the particular circumstances . . . unless, in the case of a marriage of long duration, the court decides this warning is inadvisable.” This advisement is what California Family Law Attorneys refer to as a Gavron warning.
Understanding the Gavron Warning
The Gavron warning arises out of a decades-old case in California, In re: the Marriage of Bernard and Mildren Gavon (1988). In that case, the court had to determine whether the trial court abused its discretion when it terminated spousal support for a 57-year-old wife due to the “wife’s failure to become gainfully employed or to seek vocational training.”
This particular case addressed the issue of “the supported spouse’s failure to at least make good-faith efforts to become self-sufficient,” and whether the lack of such effort constituted a “change in circumstances” to allow for a termination of the support. The court in Gavron ultimately determined that “there should have been some reasonable advance warning that after an appropriate period of time the supported spouse was expected to become self-sufficient or face onerous legal and financial consequences.”
How the Gavron Warning Works in Present Spousal Support Cases
Under current California law, if the court warns a supported spouse that they must make reasonable efforts to become self-supporting within a reasonable period of time, their spousal support can be modified downward or terminated if they fail to take reasonable steps toward self-support.
Contact Our San Mateo Divorce Lawyers Today for Assistance with Spousal Support Matters in California
Whether you are the spouse responsible for paying support or the spouse receiving support, it is important to understand how the Gavron warning can play a role in cases where a court has ordered support to be paid from one spouse to another. As explained above, certain spousal support orders require the receiving spouse to take reasonable steps in order to become self-supporting and no longer in need of support from the other spouse. Failure to make such reasonable efforts can result in the court terminating its order for spousal support. To have your questions answered or to seek assistance with your case, you should get in touch with one of the experienced San Mateo County divorce attorneys at Foster Hsu, LLP. Contact our firm today.
Sources:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4330.&lawCode=FAM
caselaw.findlaw.com/court/ca-court-of-appeal/1766892.html
