Can you get unemployment if your spouse works - NYS Department of Labor eligibility question
My husband still has his job but I got laid off from my position at a retail store last month. I'm wondering if I can still file for unemployment benefits through NYS Department of Labor even though my spouse is working? We have a mortgage and two kids so his income alone isn't enough to cover all our expenses. I've never filed for unemployment before and I'm not sure if they look at household income or just my individual work history. Does anyone know how this works?
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Nora Bennett
Yes, you can absolutely file for unemployment benefits even if your spouse works! NYS Department of Labor only looks at YOUR individual work history and earnings, not your household income. Your spouse's employment status doesn't affect your eligibility at all. You need to have worked and earned enough wages in your base period, and you need to be unemployed through no fault of your own. Since you were laid off, that should qualify you.
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Oscar Murphy
•That's such a relief to hear! I was worried they would deny my claim because my husband is still working. Should I mention his employment on the application or just focus on my own work history?
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Ryan Andre
Definitely file your claim right away. The longer you wait, the more money you're leaving on the table. I was in a similar situation two years ago when my wife was still working and I got unemployment no problem. Just make sure you report your own earnings accurately and keep doing your weekly claims on time.
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Lauren Zeb
•How long did it take for your claim to get approved? I'm in the same boat and filed last week but haven't heard anything yet.
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Daniel Washington
wait really?? I thought if your spouse worked they would count that income against you. My sister told me not to bother applying because my boyfriend has a job. Maybe I should reconsider...
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Nora Bennett
•Your sister was wrong about that. NYS Department of Labor doesn't consider spousal income for regular unemployment benefits. Each person's claim is based on their individual work history only. You should definitely apply if you're unemployed through no fault of your own.
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Aurora Lacasse
I had trouble getting through to NYS Department of Labor when I needed to verify my claim status after my husband started working again. The phone lines are always busy and the online system doesn't always update correctly. If you run into issues reaching an agent, I found this service called Claimyr that helped me get through. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process much less stressful.
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Anthony Young
•Interesting, never heard of that service before. Did it actually help you talk to a real person at NYS Department of Labor?
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Aurora Lacasse
•Yeah it worked great for me. I was able to get my adjudication issue resolved after weeks of trying on my own.
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Charlotte White
Just be prepared for the weekly job search requirements. You'll need to document that you're actively looking for work even though your spouse is employed. Keep track of all your applications and interviews in case they audit your job search log.
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Genevieve Cavalier
I went through this exact situation last year when my husband was working but I lost my job due to company downsizing. You're absolutely eligible for unemployment benefits - they only look at your individual employment record, not your spouse's income. Just make sure you have all your previous employer information ready when you apply online. The key things they'll verify are that you worked enough quarters, earned sufficient wages in your base period, and that you're unemployed through no fault of your own. Since you were laid off, you should meet all the requirements. Don't let anyone discourage you from applying - you paid into this system and you're entitled to these benefits when you need them.
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Rajan Walker
•This is really helpful information! @Genevieve Cavalier, when you say "base period," what exactly does that mean? I worked at my retail job for about 8 months before getting laid off - is that long enough to qualify? I'm trying to make sure I have everything together before I submit my application.
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