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 News Around the Republic of Mexico | March 2007 
Court Protects Right to Alimony Claim
 El Universal
| | Mexico's President Felipe Calderon speaks during the celebration of International Women's day at Los Pinos presidential residence in Mexico City, Thursday, March 8, 2007. (AP/Eduardo Verdugo) |
The Supreme Court issued two rulings this week that made International Women´s Day more festive in Mexico.
The court ruled that in a divorce where the woman is not considered the responsible party, she is entitled to alimony payments even if she owns property.
Previous case law had stipulated that if a woman owned property, she could not legally demand alimony, even if such property did not provide adequate revenues or subsistence.
The justices issued a news release explaining their decision which was prompted when two federal courts had issued contradictory opinions regarding alimony requirements.
In a second decision, the court granted an injunction allowing a widow to continue receiving her husband´s government pension even though she herself is working for the government.
The federal public pension institute had stripped the woman of her husband´s benefits, citing a regulation that prohibits active public employees from receiving pension benefits.
The court ruled this regulation unconstitutional, citing Article 123 of the Constitution which stipulates that wives of government workers are entitled to their husband´s benefits upon the latter´s death.
The court went on to express its opinion that the article should be interpreted to be blind to gender. In other words, a man would be entitled to his wife´s government benefits upon her death.
In other news related to International Women´s Day, Mexico City authorities gave early release to 64 female inmates being held in Santa Martha Acatitla prison. |
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