How to Change Your Name Back After a Divorce in New York

In New York, you have a statutory right to resume your maiden name as part of your divorce. Under Domestic Relations Law § 240-a, every Judgment of Divorce in New York must include a provision authorizing either party to resume the use of a prior surname. This right does not need to be negotiated, it does not require your spouse’s consent, and it applies regardless of the grounds for divorce or the length of the marriage. If you are going through a divorce on Long Island or in Suffolk County and want to go back to your maiden name, this article explains exactly how the process works and what steps you need to take.

Your Right to Resume Your Maiden Name Under New York Law

New York Domestic Relations Law § 240-a governs name changes in divorce. The statute provides:

In any action or proceeding brought under the provisions of this chapter wherein all or part of the relief granted is divorce or annulment of a marriage any interlocutory or final judgment or decree shall contain, as a part thereof, the social security numbers of the named parties in the action or proceeding, as well as a provision that each party may resume the use of his or her premarriage surname or any other former surname.

Because the statute says “shall contain,” the name change provision is mandatory. Every Judgment of Divorce entered in New York will include language such as: “Ordered and Adjudged that (plaintiff/defendant) is authorized to resume the use of her maiden name or other former surname, to wit: (prior surname).”

This is a statutory right. It does not need to be part of a settlement agreement or stipulation. You do not need your spouse’s permission. You do not need a separate court hearing. The Judgment of Divorce itself is your legal authorization to resume using your maiden name.

How the Name Change Works After Your Judgment of Divorce

A common misconception is that the divorce automatically changes your name. It does not. The Judgment of Divorce authorizes you to resume using your maiden name, but it does not change your name on any government records, financial accounts, or official documents. You are responsible for taking your Judgment of Divorce to each individual agency and institution to update your records.

Most agencies will require a certified copy of the Judgment of Divorce, not a regular photocopy. You can obtain certified copies from the County Clerk’s office in the county where your divorce was granted. In Suffolk County, that is the Suffolk County Clerk’s Office in Riverhead. In Nassau County, it is the Nassau County Clerk’s Office in Mineola. It is a good idea to order several certified copies, since you will need to present one to each agency and many will not return it.

Where to Change Your Name After a New York Divorce

Once you have your certified Judgment of Divorce, you will need to update your name with each of the following. The order below is recommended because some agencies require you to update with Social Security first before they will process the change:

Social Security Administration. This should be your first stop. You will need to file Form SS-5 (Application for a Social Security Card) along with your certified Judgment of Divorce and proof of identity. There is a Social Security office in Hauppauge and another in Patchogue. There is no fee to change your name on your Social Security card. Your Social Security number remains the same.

New York State DMV. After receiving your updated Social Security card, visit the DMV to update your driver’s license or non-driver ID. Bring your certified Judgment of Divorce, your current license, and your updated Social Security card. The Suffolk County DMV offices are located in Hauppauge and Medford. There will be a fee for a replacement license.

U.S. Passport. If you have a valid passport, you can apply for a name change by submitting Form DS-5504 (if your passport was issued within the last year) or Form DS-82 (if it has been more than a year). You will need to include your certified Judgment of Divorce. Passport applications can be submitted at the Islip Town Clerk’s office or other local passport acceptance facilities.

Banks and Financial Institutions. Contact each bank, credit union, brokerage, and credit card company to update your name on your accounts. Each institution has its own requirements, but most will ask for a certified copy of the Judgment of Divorce and a new form of government-issued ID reflecting the updated name.

Employer and Payroll. Notify your employer’s HR or payroll department so your tax withholdings, benefits, and employment records reflect your new name. You may also need to update your W-4.

Insurance Companies. Update your name on health insurance, auto insurance, homeowner’s or renter’s insurance, and life insurance policies. If your health insurance is changing as a result of the divorce, coordinate the name change with your new coverage.

Other Records. You may also need to update your name with the Post Office, voter registration (Suffolk County Board of Elections), utility companies, your children’s schools, your doctor’s office, and any professional licensing boards.

Can Your Ex-Spouse Prevent You from Changing Your Name?

No. Under DRL § 240-a, the right to resume your maiden name is a statutory right that belongs to each party individually. Your former spouse has no legal ability to prevent you from changing your name back. The provision is included in every Judgment of Divorce regardless of whether your spouse agrees to it, and regardless of whether you asked for it during settlement negotiations.

This is true even in a contested divorce. The court will include the name change authorization in the Judgment whether the case is resolved by agreement or decided after trial.

What If You Did Not Include a Name Change in Your Divorce Judgment?

As a practical matter, the provision should always be included because DRL § 240-a requires it. However, if your Judgment of Divorce was entered without the name change provision, or if you did not want to change your name at the time of the divorce but have since changed your mind, you have options.

You can file a separate name change petition under New York Civil Rights Law § 60. This is a straightforward court proceeding. You file a petition with the Supreme Court or County Court in the county where you reside, publish a notice of the petition in a local newspaper, and appear before the judge. New York’s name change laws allow any adult to petition for a name change for any lawful purpose, and courts routinely grant these petitions absent a showing that the name change is sought for a fraudulent or improper purpose.

You can also petition the court to amend the original Judgment of Divorce to include the name change provision that should have been there in the first place. An experienced post-judgment divorce attorney can advise you on which approach makes more sense in your specific situation.

Do You Have to Change Your Name After a Divorce?

No. The Judgment of Divorce says you are “authorized” to resume use of your maiden name. It does not require you to do so. Many people choose to keep their married name after a divorce, particularly if they have children who share that surname, if they have built a professional reputation under the married name, or simply because they prefer it. The choice is entirely yours, and there is no deadline. You can change your name immediately after the divorce or years later.

Can You Change Your Child’s Last Name After a Divorce in New York?

Changing a child’s last name is a separate matter from changing your own name after a divorce. DRL § 240-a only applies to the parties to the divorce, not to their children. If you want to change your child’s last name, you must file a separate name change petition under Civil Rights Law § 60, and both parents generally must consent. If the other parent does not consent, the court will decide whether the name change is in the best interests of the child.

Courts consider factors such as the child’s preference (depending on age and maturity), the length of time the child has used the current name, the effect a name change might have on the child’s relationship with each parent, and any history of domestic violence or parental alienation. These cases can become contentious, and having an experienced custody attorney is strongly recommended.

FAQ: Name Changes After a Divorce in New York

Do I need my ex-husband’s permission to change my name back after a divorce?

No. Under DRL § 240-a, the right to resume your maiden name is automatic and does not require the consent of the other party. The Judgment of Divorce itself provides the legal authorization.

How long does a name change take after a divorce in New York?

The Judgment of Divorce provides immediate authorization. The time it takes to update your records depends on each individual agency. Social Security typically processes name changes within two to four weeks. The DMV processes changes at the time of your appointment. Passport changes can take six to eight weeks. Most people complete the full process within one to three months.

Can I choose a completely new name instead of my maiden name?

DRL § 240-a authorizes you to resume your “premarriage surname or any other former surname.” If you want a name you have never previously used, the Judgment of Divorce alone will not be sufficient. You would need to file a separate name change petition under Civil Rights Law § 60.

Is there a deadline to change my name after a divorce?

There is no deadline. You can resume use of your maiden name at any time after the Judgment of Divorce is entered, whether that is immediately or years later.

Can a man change his name in a New York divorce?

Yes. DRL § 240-a applies to both parties, not just women. Either spouse may resume the use of a former surname as part of the divorce.

Will changing my name affect my credit score or credit history?

Changing your name does not erase your credit history. Your Social Security number remains the same, and credit bureaus will link your former name and new name to the same credit file. You should notify all three credit bureaus (Equifax, Experian, and TransUnion) of your name change to ensure your records are updated correctly.

Suffolk County Divorce Lawyer

If you are considering a divorce in Suffolk County or Nassau County and have questions about changing your name, property division, custody, child support, or any other aspect of your case, the Law Office of Louis L. Sternberg, P.C. is here to help. Call us at 631-600-3295 to schedule a free consultation, or reach us anytime through our online intake form.