Mexican Supreme Court scraps 5‑year cohabitation rule for widow’s pension

Mexico’s Supreme Court (SCJN) declared the five‑year cohabitation requirement for concubines to claim a widow’s pension under the Social Security Law unconstitutional. The decision, issued by a 7‑2 vote, followed an amparo case in which a woman who lived with her partner for 23 years was denied the pension because she could not provide a certified proof of the relationship. The Court ruled that the fixed five‑year period created discriminatory treatment between married couples and cohabitants and ordered that the existence of a stable, permanent union be proved without rigid time limits.

The justices noted that the rule violated equality rights and the free development of personality, while maintaining that claimants must still demonstrate a genuine partnership based on affection, mutual support, common residence and economic dependence. Debate in the plenary highlighted concerns about the financial impact on the Instituto Mexicano del Seguro Social (IMSS), but the majority emphasized that pension resources derive from workers’ contributions and should not be denied on economic grounds.