When does an alimony obligation begin?

In California, an alimony obligation typically begins with the date that a couple legally separates or files for a divorce, although alimony can be agreed upon before that date. Under California law, an alimony obligation can be ordered by the court, or the parties may agree to a voluntary alimony agreement based on their own terms. In California, the court can determine whether or not alimony is appropriate. Under the California Family Code, alimony may be awarded if the marriage was of long duration, meaning 10 years or more, or the court finds that a spouse’s earning capacity is significantly diminished due to periods of unemployment or a disability, or the spouse has taken time out of the workforce to tend to the children or ailing relative. The amount of alimony that is awarded depends on the financial situation of each party as well as the length of the marriage. The court considers factors such as each spouse’s age, education, and lifestyle; the marketable skills of the spouse receiving alimony; the earnings history of the parties; and the current earning capacity of the parties. The court may also require that alimony payments be made for a certain period of time or until certain events occur. Depending on the circumstances, alimony obligations may end upon the death of either spouse, remarriage of the receiving spouse, or the ability of the receiving spouse to become self-supporting.

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