Quitting my job due to spouse receiving job in another state

by Becky Billig

(South Park, PA)

Would I be able to collect unemployment benefits due to the result of my husband getting a job in New Jersey? We currently live in Pennsylvania. If so which state would I file in?

Hi Becky,

Yes, it’s possible in Pennsylvania to move with your spouse and collect unemployment, but .. there’s usually a but:)

Pennsylvanie will look to the reasons your spouse is moving. PA statute uses the term “compelling and necessitous. And I think it’s a good to know that they use the word “and” .. not the word “or”

So, to put it simply, they need to know that your spouse’s reasons for moving to NJ are compelling AND necessitous and then they use the “reasonable person” standard to qualify it.

Things like a mandatory transfer, a better job with more pay etc,. are good.

If he was unemployed they might look to see if the move was necessary by examining the labor market in your present area. So if the move isn’t motivated by reasons that are compelling to a reasonable person .. they might deny.

Things like a lateral move, a desire to live closer to family which is not motivated by “compelling reasons”, or just for a change in scenery are not good.

You would file in PA and follow their procedures and requirements for people who are living in a different state, but collecting PA benefits. This usually includes requiring you to register for work in the other state and follow their requirements for the job search.

Chris