10 years ago a separation agreement was signed. Child support was agreed on. Spousal support was agreed to be a lump sum set off as a differential for equalization of property. The separation Agreement had a clause that if it was later found that either party was did not provide full disclosure.
An application was sought 10 years later for divorce and income variation by the children's father. Evidence was submitted by the applicant regarding his business. At this time I realized that he had not provided full disclosure of his income and assets at the time of our separation agreement. The trial judge would not allow me to argue this in trial. This case is currently under appeal by the applicant to which I have cross appealed. My question is can I seek spousal support because he had not given full and frank disclosure and would I need to file a application or because I did attempt to argue this in trial could this be an argument in the appeal.