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

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Is this a signed agreement?

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.

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. 

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

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.

Usually insufficient income to sustain yourself.

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

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

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

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

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

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