What are my rights to unemployment benefits if i quit my job to relocate with my spouse?

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What are my rights to unemployment benefits if i quit my job to relocate with my spouse?

I quit my job to relocate with my husband to another state. I was denied because I didn’t t have a new job before I resigned my position.

Asked on September 29, 2010 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, if you quit or resign your job voluntarily--even for a very good reason that almost anyone would understand, such as to relocate with your spouse (or to pursue an education or vocational training; or to take care of a sick family member; etc.)--you are not entitled to unemployment benefits. Unemployment benefits are only for those involuntarily separated, such as due to a restructuring, layoff, downsizing, etc. People who voluntarily separate from their jobs do not get unemployment compensation, and again the reason for the involuntary separation does not matter. So unfortunately, if you indeed quit your job to relocate with your spouse, you will not have any right to any unemployment benefits whatsoever.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The State that you list here is Virginia which is what I am going to assume is the state ot origination, or in other words, the state in which you quit your job before you moved.  That is the state law that matters.  Unfortunately Virginia law states that a party that voluntarily leaves their job to relocate with a new spouse is disqualified from unemployment benefits.  Many states have enacted laws to the contrary and especially for those in the military.  Virginia is not one of them.  I do not know what the portion of your question about a new job before you resigned has to do with the matter.  It is either "yes" or "no" and here it is "no." 


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