Gavron Warning

Gavron warnings deal with the question of when a supported spouse may be expected to become partially or totally self-sufficient, so that they can no longer be expected to rely on a former spouse for economic support. At some point the entitlement to be supported usually ends.

Where the court intends that party to become self-supporting by a given date, it generally must first give that person advance warning. Marriage of Gavron (1988) 203 Cal.App.3d 705 is a relatively recent case which first articulated this policy. This advance notice is now called the Gavron Warning. It does not impact child support.

This represents a trend in the law away from a rule which once entitled a spouse (typically women) to lifelong alimony to a right to receive spousal support for only so long as necessary to become self-supporting. It applies equally to men and women, and to domestic partners. There is no question that this trend has gained legislative acceptance, and in 2000 Family Code section 4330 was enacted.

Will I have to pay her Alimony for Life?

Question: I live in California. My attorney says that 1 day after 10 years of marriage entitles me to have to pay her for life, is this in fact true?

Answer: Yes, your attorney is right. The way alimony is calculated can seem unfair, but the big picture to look at is this: Regardless of who made more money in the marriage, the fact still remains that it was your money "together". So if that money allowed her a lifestyle (whatever kind), it is still considered what she is used to. When there are kids involved, it is for life (unless she becomes in a position of employment that earns more than what she made before).

A Gavron warning SHOULD be put into orders depending on the circumstances, however, the fact remains that:

Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration.

And the code determines a marriage of 10 years or more to be one of long term, although nothing stops them from declaring a marriage of less than 10 years a marriage of long tern.