I'm wondering about alimony and BC Canada? When we separated I had a decent business but due to cover it it's been

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Customer: I'm wondering about alimony and BC Canada?
JA: Is there an agreement regarding alimony? Or a court order?
Customer: When we separated I had a decent business but due to cover it it's been destroyed and my income is pretty much zero now and my husband isn't willing to help he's still working and he has one child who's 20 in college
JA: What's the monthly support payment in this case?
Customer: None we agreed that I would manage his rental property in lieu of child support which is valued probably higher than child support would been considering my income
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Oh I thought you were a lawyer are these Canadian BC lawyers that can help me I'm wondering if I should proceed with legal aid
Answered by JosephE322 in 5 mins 5 months ago
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JosephE322
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JosephE322
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JosephE322
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JosephE322, Expert

Hi and thank you for using JustAnswer. My name is ***** ***** I will be assisting you with your question.

I am licensed Canadian lawyer, and this conversation is for informational purposes only. I kindly ask for your patience as some questions take longer to answer and I may have to do legal research. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible. If at any point during our conversation you don’t understand something, please let me know so I can clarify.

Customer
Thank you
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JosephE322, Expert

Good morning - sorry to hear about the situation. Do you have a separation agreement?

Customer
No sorry I don't want to spend the extra money right now
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JosephE322, Expert

The call is automated from the website. You can ignore it if you are not interested in a call.

Customer
We made our own separation at the time we separated it was pretty straightforward he would take the kids I would manage his property for the next 2 years and we would call it even. But my business went downhill with covid as I'm on vacation rental property management I went from a $60,000 business to a $15,000 business in the last 2 years.
Customer
I've also had some serious health issues that are making it tough to reinvent myself
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JosephE322, Expert

Is this a signed agreement?

Customer
Hi
Customer
We use it for the separation of our properties we sold our principal residence and we had two vacation condos and we each took one.
Customer
All our cash has been divided up but he got the better condo the better stocks as I felt guilty of leaving the relationship and thought that I had a good business to support me
Customer
this was in November 2018 we made the agreement before I even knew about covid
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JosephE322, Expert

Generally speaking, a signed separation agreement would be enforced unless you were coerced into signing it, there was a lack of financial disclosure, the agreement is grossly unfair, or a party did not understand what they were signing (lack of legal advice for example).

You could first reach out to him to see if he's open to renegotiating this agreement. If not, then you would need to go to court and ask the judge to set aside this agreement and start from the beginning.

Customer
My question is am I entitled to any alimony as my business of 15 years no longer exists and I have no support and no real skills
Customer
I agreement does say that spousal maintenance will be able to further discussion or at the time of divorce proceedings
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JosephE322, Expert

It appears this issue was not resolved which is good.

You would first need to establish need and/or economic hardship. In many situations, the mother typically would stay home with a child for a number of years which would stunt her career growth and earning potential. Spousal support would help compensate her for those lost career opportunities. Economic hardship can result after a separation and spousal support can help her (or him) get back on their financial feet again.

The general factors looked at are: 1. Length of relationship 2. Financial situation of both parties 3. Role each person played in the relationship and 4. Whether the person asking for spousal support needs it to become financial independent. This is a very fact specific exercise. 

Customer
I work full to part-time managing all our rental property throughout our marriage of 24 years.
Because I had a good income at the time of our separation I was very generous with our property separations and stock separations.
He says his lawyer says I'm not eligible for support that covid destroying my business has nothing to do with him
Customer
My last year's gross business income was 15,000 I think that says hardship however I do have a lot of assets but he has equal actually more
Customer
I was on financial support through the government and that's the only reason I got through the last year.
This year is a whole different story
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JosephE322, Expert

The spousal support issue was never decided so you are free to commence a claim in court for it.

Customer
My question is would I be entitled to it? So how do I go about doing this
My health is really poor at this time and I don't have the energy to get through a day never my deal with this
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JosephE322, Expert

You would need to prove need or economic hardship as I described earlier. If you can prove it, then the court would order it. I would suggest retaining a family lawyer at this time given his lawyer indicated they won't negotiate.

Customer
Would economic hardship be proved by cash flow or have an assets that I could sell off?
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JosephE322, Expert

Usually insufficient income to sustain yourself.

Customer
that would be cash flow. My assets are equal to his as everything was split so that wouldn't be considered? However he has a job I don't.
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JosephE322, Expert

Everything is considered. The goal is for the parties to reach self-sufficiency.

Customer
Okay I have another question we still have a joint bank account with funds in it that we agreed will keep as an emergency for now if I pull that money out can he charge me? 6000$
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JosephE322, Expert

He may sue you if you take the money out without his written consent if there was no emergency.

Customer
Well I consider it an emergency I can't pay my rent.
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JosephE322, Expert

Perhaps let him know in writing you will be taking money out of the account.

Customer
Okay please tell me how I go about getting financial aid for a lawyer?
Customer
Or can a membership on this site do all this for me?
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JosephE322, Expert

Here is a the link to apply for legal aid: https://legalaid.bc.ca/legal_aid/howToApply

JustAnswer does not provide legal services.

Customer
Okay just to sum it up because our separation agreement that we prepared together and signed says the alimony is still open for discussion this is in my favor?
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JosephE322, Expert

It's an issue that has yet to be decided upon.

Customer
Ok thank you for your time
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JosephE322, Expert

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

Customer
I just got lawyer papers and I'm not in agreements with it do I have to do anything with it at this point or can I just ignore that. I will see if I can upload it
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JosephE322, Expert

If it’s a legal claim you need to respond if you don’t agree. If it’s just a letter, then you can ignore it.

Customer
Ty
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JosephE322, Expert

You're welcome.

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