How to Qualify for Unemployment if a Spouse Gets a Job Transfer

Whether or not you qualify to receive unemployment benefits after your spouse has a job transfer is dependent upon a variety of factors, including your employer and geographic location. To receive benefits, you must live in a state that recognizes unemployment due to spousal job transfers, also know as trailing spouse unemployment. You must be able and available to look for and accept work. Your employer also must pay federal and state unemployment insurance taxes.

The “Good Cause” Clause

One stipulation for receiving unemployment benefits is that you must be unemployed due to no fault of your own. In most instances, you are automatically disqualified from receiving unemployment if you voluntarily quit a job. However, there are exceptions to the rule. Some states allow you to collect unemployment if you quit a job for a “good cause.” Some states recognize a spousal job transfer as a good cause to quit your job. Before submitting your resignation notice, contact your state department of labor to determine whether or not a spousal job transfer is recognized as a good reason to quit.

Type of Job Transfer

Whether or not you qualify for unemployment also depends upon the type of spousal job transfer. Twenty-three states, including Alabama, Arizona, Colorado, Florida, Georgia, Iowa, Kansas, Kentucky, Maryland, Michigan, Mississippi, Missouri, New Jersey, New Mexico, North Carolina, Oklahoma, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming only recognize military transfers, reports Stateside Legal.

A further 24 states recognize any kind of spousal job transfer, including but not limited to military.

However, states change their unemployment benefits rules each year, so do contact the state agency where you have moved for the latest information. You can access the significant provision of state laws through the Department of Labor website.

Requesting Unemployment for Spouse Relocation

To receive unemployment benefits, complete and submit a benefits application to your state department of labor. This application usually is accessible through each state’s department of labor website. On the application, you will be asked to explain your reason for unemployment. Be sure to indicate you quit to follow your spouse. Some states do not recognize common law marriages or domestic partnerships, when approving benefits for spousal transfers.

Interview Process

A case worker will be assigned to process your application for benefits. During the processing period, the case worker will conduct an investigation to verify your wages and reason for unemployment. It helps to have proof or documentation of your spouse’s job transfer. Don’t wait until the interview process is completed to begin submitting your weekly claims for benefits. Begin as soon as your benefits application is submitted. Once the case worker completes the interview process, she will send you a benefits determination, letting your know if you are approved or denied trailing spouse unemployment benefits.