Can I qualify for TWC trailing spouse benefits after quitting to follow husband's job relocation?
So my husband's career situation just took a major turn. He's been with his original railroad company for 6 years in West Texas, but about 4 months ago a huge company bought out their yard. The timing was AWFUL because our apartment literally burned down around the same time (still dealing with insurance nightmares). My husband stuck it out with the new company for 3 months but was basically demoted from his previous position. Now his original company has offered him a position at their East Texas headquarters (4 hours away) with a slight promotion and a tiny bit of relocation assistance. He's already accepted because it's a much better opportunity than his current situation. Here's my predicament - I've worked full-time at our local hospital for 5 years, and I absolutely HAVE to work (we've got a hefty car payment plus two elementary school kids). I've sent out some resumes to hospitals in East Texas, but I'm worried about the gap between quitting here and finding something there. Does anyone know if I would qualify for trailing spouse unemployment benefits through TWC in this situation? I'm not quitting by choice - it's to keep our family together while my husband takes this new position. Has anyone successfully claimed benefits in a similar situation? What documentation did TWC require?
18 comments
Join the conversation
Arnav Bengali
Yes, you should qualify under Texas's trailing spouse provision! As long as your husband's relocation is for a legitimate employment reason (which a promotion definitely is), and the distance makes it unreasonable for you to commute (4 hours definitely qualifies), you should be eligible when you quit. When you file your initial claim, make sure to select that you left your job to relocate with your spouse. TWC will then send you a form requesting documentation. You'll need: 1. Proof of your marriage (marriage certificate) 2. Documentation of your husband's new job (offer letter showing location) 3. Documentation of your resignation (include in your resignation letter that you're leaving specifically to relocate with your spouse) I went through this exact process last year when my husband transferred to Dallas. As long as you have the right documentation, it's pretty straightforward!
0 coins
Scarlett Forster
•Thank you SO much for this detailed response! I've been stressing about this for weeks. Do you remember how long it took for your claim to be approved? I'm trying to plan our finances for the move.
0 coins
Sayid Hassan
Just be careful about the timing. I thought I qualified for trailing spouse benefits when we moved for my husband's job, but TWC denied me because I quit my job BEFORE he actually started his new position. They're really strict about the order of events. Make sure you don't resign until he's actually accepted AND has a concrete start date at the new location. Document EVERYTHING!!
0 coins
Scarlett Forster
•Ugh, that's exactly the kind of technicality I was worried about! He has accepted the offer but doesn't start for another 3 weeks. I was planning to put in my two weeks notice next Monday. Should I wait longer? The kids need to get registered for their new school before the semester starts.
0 coins
Rachel Tao
my sister did this last yr when they moved from amarillo to houston for her husbands oil job and twc approved her no problem. took like 3 weeks total i think
0 coins
Scarlett Forster
•That's reassuring! Was she able to start the application process before actually quitting, or did she have to wait until after her last day?
0 coins
Arnav Bengali
To answer your timing question - it took about 20 days for my claim to be processed from application to first payment. That included time for my employer to respond to TWC's inquiry. Just make sure you request payments on your assigned days even while waiting for the determination.
0 coins
Sayid Hassan
•Did you have to do work search requirements while on trailing spouse benefits? I've heard conflicting things about whether you get a temporary exemption or not.
0 coins
Derek Olson
I had such a nightmare reaching TWC when I was in your exact situation last year. Was getting busy signals for DAYS trying to make sure I had everything filed correctly. Finally used a service called Claimyr (claimyr.com) that got me connected to a TWC agent in about 20 minutes instead of spending hours redialing. They have a video showing how it works here: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh The agent confirmed I needed to wait until my husband had actually started the new position before submitting my claim (or at least had a firm start date in writing). She also said to make sure my resignation letter specifically stated I was relocating due to my spouse's employment. Made the whole process way smoother having that clarification upfront.
0 coins
Scarlett Forster
•Thank you for this tip! I've been trying to call TWC all week with no luck. Going to check this out because I really need to talk to someone before submitting anything. I don't want to mess up the timing and lose eligibility.
0 coins
Danielle Mays
TWC WILL DENY YOU!!!! They denied me in almost the same situation because they said my husband's new job wasn't "substantially better" than his old one because the raise was only 8%. They said it had to be a NECESSARY move not just a BENEFICIAL one. Their exact words!!! I fought it for 6 weeks and finally gave up. The whole trailing spouse provision is basically USELESS because they find any reason to deny you. Don't count on getting a penny from them.
0 coins
Arnav Bengali
•I'm sorry you had that experience, but I don't think that's typical. The law doesn't require the new job to be "substantially better" - just that it's a genuine employment opportunity and the distance makes commuting unreasonable. Your case might have had other factors or been mishandled by the specific examiner. Most legitimate trailing spouse claims are approved if properly documented.
0 coins
Scarlett Forster
Update: I called TWC using that Claimyr service (thanks for the recommendation) and finally got through! The agent explained that since my husband is going back to his original employer but in a different location, and it includes a promotion, it definitely qualifies under the trailing spouse provision. She advised me to wait until he has his official start date in writing before I give notice at my job. She also said I'll need to do 3 work search activities per week even with trailing spouse benefits, but that applying to jobs in our new city absolutely counts toward that requirement. I feel so much better now! Will start the application process as soon as I have my last day of work confirmed.
0 coins
Rachel Tao
•awesome! glad it worked out for u!
0 coins
Roger Romero
Has anyone here ever successfully appealed a trailing spouse denial? My wife switched jobs and TWC denied me saying it wasn't necessary for maintaining the family. We were moving 250 miles away!! How could I possibly commute? The whole appeal process is confusing me.
0 coins
Arnav Bengali
•Yes, appeals for trailing spouse denials can be successful. You'd need to request the appeal hearing within 14 days of the determination. Focus on proving: 1) The move was genuinely for your spouse's employment, 2) The distance made commuting impossible, and 3) Your resignation was directly because of the relocation. Submit any documentation showing the necessity of the move (cost comparisons, commute time calculations, etc). The appeal hearing is usually by phone.
0 coins
Anna Kerber
One thing nobody's mentioned - make sure you get a copy of the lease or mortgage for your new place as additional proof you're actually relocating. TWC asked me for that documentation when I filed my trailing spouse claim. Also don't forget to transfer your driver's license once you move because they sometimes check that too.
0 coins
Scarlett Forster
•That's a great point about the lease! We're still looking for housing but I'll definitely keep copies of everything. Trying to get all our ducks in a row before this move.
0 coins