The compensatory pension for men in the State of Mexico: current legal framework

Abstract

Social factors influence the organization of the structure known as the family. In the case of Mexico, this structure has been shaped under a model in which the State provides effective protection to the family, with the aim of ensuring its permanence and recognizing it as a priority within both substantive and procedural legislation. Currently, changes in the gender roles of men within the family structure have led them to seek compensatory spousal support through judicial proceedings, whether arising from marriage or a de facto union. In practice, this situation raises a legal question for practitioners: are there elements that only men must prove in order to be granted compensatory spousal support?

This article presents a legal analysis based on a documentary review of the applicable legislation, through which it is demonstrated how the gender perspective has influenced the evidentiary elements that the former husband or cohabiting partner must establish in order to obtain compensatory spousal support.