TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Wills & Estates/If a spouse dies mid-divorce,…
Wills & Estates

If a spouse dies mid-divorce, can the survivor still bring both a support claim and an equalization claim?

TSL Written by the Treadstone Law team· Updated August 2026

Generally, yes — these are two distinct rights, and a surviving spouse can potentially pursue both. A Part V dependant support claim under the SLRA asks a court to order support from the estate based on the deceased's support obligations before death. Separately, the FLA gives a surviving married spouse the right to elect, within six months of death, to take an equalization payment of net family property instead of what they'd receive under the will or intestacy. Being mid-divorce when the death occurs doesn't erase either right, since the marriage was still legally intact at the moment of death.

That said, pursuing both isn't necessarily simple or without interaction. How a pending divorce proceeding, including any equalization steps already underway within it, connects to a fresh claim after death is genuinely fact-specific. Both routes carry their own six-month deadline, but the clocks start differently: the FLA election runs from the date of death, while the SLRA dependant support deadline runs from the grant of the Certificate of Appointment of Estate Trustee — missing either can close off that option. Anyone in this situation should get legal advice quickly to understand how the two claims interact given their specific facts and timing.

Key takeaways

  • A support claim under Part V and an equalization election under the FLA are legally distinct rights.
  • A pending, unfinished divorce doesn't cancel either right, since the marriage was still legally intact at death.
  • Both routes carry their own six-month deadline, but they start on different dates: the FLA election runs from the date of death, while the SLRA dependant support deadline runs from the grant of the Certificate of Appointment of Estate Trustee.
  • How the two interact is fact-specific, so get advice quickly rather than assume either is automatic.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
Was this helpful?Share:

Go deeper

Still have questions?

Search 6,000 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →