Mexico Supreme Court Strikes Down Five-Year Cohabitation Requirement for Widow’s Pension

Mexico City — Mexico’s Supreme Court has declared unconstitutional a provision of the Social Security Law that required couples in common-law relationships to prove at least five years of cohabitation to qualify for a widow’s pension.

The full bench ruled 7-2 in favor of an amparo appeal filed by a woman whose pension claim was denied after her partner died. The court found that the five-year requirement created an unjustified distinction between married couples and those in common-law unions, violating constitutional principles of equality and non-discrimination.

The case began when the woman applied for a widow’s pension through the Mexican Social Security Institute (IMSS). The institute rejected her application because she could not prove five years of cohabitation, as required by Article 130 of the Social Security Law. After an internal appeal failed, she filed an indirect amparo lawsuit challenging the provision’s constitutionality. A district judge ruled in her favor, and the Supreme Court upheld that decision.

Justice Arístides Guerrero García, who drafted the ruling, clarified that the decision does not eliminate the need to prove the existence of a common-law relationship. Instead, it requires authorities to evaluate all available evidence to determine whether a shared life existed, rather than applying a rigid five-year threshold.

While the ruling does not guarantee automatic pension approval, it sets an important precedent. Individuals previously denied benefits for failing to meet the five-year requirement now have stronger legal grounds to challenge those decisions.