Divorce can be confusing when it comes to social security and retirement, but there are a few ways that even if you are divorced, you could be eligible to get social security benefits from their previous employment. The first takes place while they are still alive. The marriage must have lasted ten years and you cannot remarry. The second is after their death. The same rule that you cannot have remarried still applies, but the ten year rule is waived if you have a child under 16.