Collecting Unemployment After Relocating: Trailing Spouse Provision

Collecting unemployment after relocating will depend on the laws from the state where you were employed. Many states have what is known as a trailing spouse provision contained in their unemployment laws. This provision allows a person who quit their job to relocate with their spouse to collect unemployment benefits. For more information about collecting unemployment after relocating, read our legal guide below.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Written by
Jeffrey Johnson
Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Reviewed by
Jeffrey Johnson

Updated July 2023

Unemployment law and unemployment benefits can differ greatly from state to state. Many states have what is known as a “trailing spouse” provision contained in their unemployment laws. This provision allows a person who has had to quit their job in order to relocate with their spouse to collect unemployment benefits. This is in the interest of keeping the family together. Relocation can be within the state or to another state. Relocation within the same state would probably be subject to mileage or distance or time constraints in order for a person to be able to apply for the benefits. No one would expect you to commute an unreasonable distance in order to keep your job. Relocation within the same state, where the trailing spouse provision already exists, and is hopefully understood by state-wide employment clerks, is not where problems collecting unemployment benefits occur under this provision. It is important to remember that the law that applies to your potential claim is the law from the state in which you were employed.

Confusion and frustration may occur more often when you move from a state that has a trailing spouse provision in the law to a state that does not have such a law in place. You will be filing for benefits at the local unemployment office in the new state, and there you may run into a clerk who is unfamiliar with the law in the state you just came from, and how it applies to you. Being persistent is what matters. Eventually it will be ironed out. What can be even more frustrating is if you move from a state that does not allow you to collect benefits to a state that does allow you to collect benefits based upon the same exact situation. Unfortunately, in this case you cannot collect unemployment benefits.

There has been a push to create a Uniform Code for unemployment benefits and incentives for states to pass laws that will create a Uniform Code. Known as the Unemployment Modernization Act, which is a key component of the American Recovery and Reinvestment Act signed by President Obama, there are model provisions that states can use to help write their laws. The number of states that have the trailing spouse provision has been increasing since President Obama signed the Act. It is important here to note that some states without a trailing spouse provision have enacted a variation on the provision to allow a spouse to collect unemployment if they are a trailing military spouse. However, until a uniform provision is written for every state, the laws will vary depending upon in which state you are applying for benefits. Check with your state Department of Labor to be sure.

Case Studies: Collecting Unemployment After Relocating – Trailing Spouse Provision

Case Study 1: John’s Relocation Across States

John had to quit his job to relocate with his spouse to another state. In his previous state of employment, there was a trailing spouse provision that allowed individuals in his situation to collect unemployment benefits. However, upon moving to the new state, John encountered challenges when filing for benefits. Despite persistence, John was unable to collect unemployment benefits in the new state.

Case Study 2: Lisa’s Relocation Within the Same State

Lisa had to relocate within the same state due to her spouse’s job transfer. Fortunately, the state had a trailing spouse provision that recognized the need for individuals in her situation to collect unemployment benefits. Although Lisa faced no difficulties in filing for benefits, she still had to meet certain mileage, distance, or time constraints to be eligible. Ensuring Lisa received the benefits she deserved.

Case Study 3: Military Spouse Variation

In certain states without a trailing spouse provision, a variation of the provision exists for military spouses. This variation allows them to collect unemployment benefits when they have to relocate due to their spouse’s military assignment. While not all states have adopted this variation, it provides an alternative for military spouses facing similar situations.

 

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