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What state should we file for unemployment in?

by CJ
(Lexington Park, MD)

What state should we file for unemployment in?

My husband just retired from the military. We are currently in Maryland but will be moving in with family in Florida next month. I "assume" we should file in Florida because that is his "state of record" and where we will be staying while looking for work. If we do that however, we won't receive any compensation for the 5 weeks until we arrive there. Is there something I'm overlooking?

Hi CJ,

If your husband is eligible for unemployment, the benefits will be coming from the federal government, but he can file in the state where he is residing. The weekly benefit amount is determined by the state's rules. Military pensions are considered deductible from the benefit amount if the military was a base period employer.

If your base period wages are in Maryland you could file there. Maryland's weekly benefit amount is higher than Florida .. although the advantage of filing in MD I believe, is to remove Florida as the middleman of the claim.

Whether you get unemployment will depend on your reason for separation from the work. Although many states allow for benefits to quit to follow a military spouse because of reassignment, both Florida and Maryland will disqualify if the spouse is not military. Maryland does have a provision that would allow benefits if a "valid" and compelling necessitous reason can be provided.

The simple answer is to file in the state where you are presently located. After you move you can contact each state to see what it is you need to do then.

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