Ten (10) years of marriage is deemed a long-term marriage that spousal support will generally be awarded to the lower income earner based on the parties’ “standard of living” during the last three years of marriage. Still, the higher earner can request the court to impute income on the lower earner through a vocational expert therapist and also request for a Gavron warning. A Gavron warning places the burden on the supported party to actively seek employment to become self-sufficient.
California is a community property state. All property acquired during the marriage is presumed to be equally “earned” between husband and wife unless acquired through gift or inheritance.
Both parents have equal rights to their child(red) with the “best interest of the child” being the driving force. The stereotype that a mother is the better fit parent is not dispositive in the courts of California.