Can a surviving spouse pursue both an equalization claim and a dependant support claim at the same time?

Yes, a surviving spouse can pursue both at the same time — they're legally distinct proceedings with different tests, and bringing one doesn't require giving up the other. The Family Law Act equalization election lets a spouse choose a payment based on the growth in the couple's net family property during the marriage, instead of taking under the will or on intestacy. A dependant support claim under Part V of the SLRA is a different kind of claim entirely, asking whether the deceased was providing support, or under a legal obligation to provide it, and whether the spouse actually needs more than they'd otherwise receive.

Because the two claims serve different purposes and rest on different legal tests, a court can consider both together in some circumstances, though there's no fixed rule for exactly how they interact in every case. Pursuing both adds real complexity — different deadlines, different evidence, and potentially different outcomes to reconcile — so a surviving spouse weighing this route should get legal advice on how an equalization election and a support claim would actually play out together on their specific facts.