My husband and I are still married. We have been separated but have a deep committment to each other. We have been married 43 years. He got distracted and married a different lady recently because he could get on her insurance. I assume their marriage is invalid. After he gets his 40 quarters can I draw off his social security? Can I now even though he doesn't have 40 quarters yet? If he dies can I get spousal benefits? What if he dies before he's completed 40 quarters?

Hi,

If you are still married to your husband, you couldn't get spousal benefits until he files for his benefits even if he has 40 quarters of coverage (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0305.html).

Your husband would need to have insured status at the time of his death in order for you to potentially qualify for widow's benefits. If he is at least age 62 when he dies, he would need to have earned at least 40 quarters of coverage to be insured unless he qualified for Social Security disability benefits prior to age 62 (https://www.ssa.gov/OP_Home/handbook/handbook.02/handbook-0203.html).

Best, Jerry