Many people are under the mistaken belief that if their marriage lasted for 10 years or more, their marriage is considered a “long-term” marriage and the spouse who earns more money will have to pay lifetime spousal support. While it is true that a marriage that lasts for 10 years or more is generally considered to be a “long-term” marriage, this does not automatically mean that the supporting spouse will have to pay spousal support for the life of their former spouse. Spousal support orders are not meant to last for a lifetime. If you have a long-term spousal support order, you should contact one of our experienced divorce attorneys today to evaluate whether you can modify or terminate long-term spousal support order.
Modify or Terminate Long-Term Spousal Support Order (California Family Code Section 4336(c))
While family court judges have discretion to make long-term spousal support orders that indicate that the supporting spouse must pay spousal support until death or remarriage of their former spouse, these orders are not set in stone. California Family Code Section 4336(c) states that a determination that a marriage is long-term does not limit the court’s discretion to terminate spousal support in later proceedings upon a showing of changed circumstances. An example of a change in circumstances for purposes of terminating spousal support would be if the supported spouse has not made good faith efforts to become self-supporting within a reasonable period of time.
There is a policy of the State of California that spousal support orders are made in a manner that encourages the supported party to become self-supporting within a reasonable period of time. If the supported party fails to make good faith efforts to become self-supporting, the court has discretion to modify or terminate spousal support.
Gavron Warnings
An important factor in determining whether a court will be likely to modify or terminate a long-term spousal support order is whether the court has issued a Gavron warning to the supported party. A Gavron warning is a warning made by the court to the supported spouse indicating that the supported spouse must make a good faith effort to become self-supporting within a reasonable period of time. If a Gavron warning has not been made by the judge, it is much less likely that the long-term spousal support order will be terminated. If a Gavron warning has not yet been issued in your long-term spousal support case, you should contact the experienced family law attorneys at Wallin & Klarich so that we can file a motion to modify spousal support and persuade the judge to issue this warning.
Call the Spousal Support Attorneys at Wallin & Klarich
If you are involved in a divorce case, it is very important that you speak with one of our experienced Ventura divorce attorneys at Wallin & Klarich. Our divorce attorneys have over 30 years of experience in handling modification and termination of spousal support matters and possess the knowledge of the law and attention to detail necessary to help you obtain the most favorable result possible in your case.
With offices located in Orange County, Los Angeles, Riverside, San Bernardino, San Diego, Sherman Oaks, Torrance, West Covina, Victorville, and Ventura, we are always available, wherever you happen to live.
Call us today at (888) 749-7428. We will be there when you call.
