How Long After a Gavron Warning Before You Have to Be Self-Sufficient?

Pierre Domercq Spousal Support

The “Gavron Warning” is simply an expectation set by the Court during a North County or Carlsbad divorce proceeding and it relates to spousal support. The Gavron Warning establishes the Court’s expectation the spouse receiving support will become self-sufficient in an appropriate period of time. We are often asked “how long after a Gavron Warning before you have to be self-sufficient?”
The actual law surrounding the Gavron Warning requires a “fair” notice. This term is generally considered to be purposefully vague so that the court may establish an appropriate guideline based upon several complex legal factors. This is why it is so important to work with the experienced attorneys at Burke & Domercq. We advocate aggressively for our clients, and help to clarify all aspects of the decision in your case.
One factor is the duration of the marriage itself. The judge may allow 1 year in some cases, 3 years in another and in a third case no Gavron Warning may be issued. If the marriage existed for more than 20 years and one party hasn’t worked in many years and doesn’t have a college degree or vocational skill the time frame is usually extended, if one is placed at all.
In other situations, especially when the Court believes the party receiving support is “underemployed” the time frame may be toward the shorter end of the spectrum. Spousal support is one of the most contentious aspects of a divorce case and our attorneys provide clients with insight based upon decades of representation before North County family law courts.
If you have concerns relating to post-decree modification of spousal support or are considering a divorce we invite you to review the recommendations of our clients and contact us or call 760-712-3741 to schedule an appointment.