How to Legally Change Your Name After Marriage
Learn the practical steps to legally update your name after marriage, from official documentation to personal and financial records.
Changing your name after marriage is a common choice, but the legal steps involved require careful attention. While many assume a new last name applies automatically upon marriage, specific actions are needed to make the change official across government and financial records.
Navigating this process correctly helps prevent issues with identification, taxes, and other essential services. Here is a guide to ensuring a post-marriage name change is legally recognized.
Valid Marriage Documentation
The foundation for a legal name change after marriage is the official marriage certificate. This document is distinct from a marriage license, which is obtained before the wedding to authorize the ceremony.
After the wedding, the officiant completes the license, which is then filed with a government office, such as a county clerk. Once recorded, the marriage is legally registered, and the office can issue a marriage certificate. This certificate serves as the official government record confirming the marriage occurred and typically includes the couple’s names before marriage, birth dates, and the date and location of the ceremony.
For a name change, a certified copy of the marriage certificate is usually required. This is an official copy issued by the government agency holding the record, bearing an official seal or signature verifying its authenticity. It serves as the primary legal proof needed to update identification and other records. Commemorative certificates from the ceremony are generally not sufficient; only the official, certified copy is typically accepted.
Court Submission Requirements
While a certified marriage certificate suffices for common name changes, such as adopting a spouse’s last name or hyphenating surnames, court involvement may be necessary in other situations. Government agencies like the Social Security Administration usually accept the marriage certificate directly for standard changes.
A formal court order is often required for less conventional name changes. Examples include choosing an entirely new last name unrelated to either spouse, significantly altering a first or middle name alongside the marriage, or creating a merged name from parts of both spouses’ surnames. These changes typically fall outside the scope of what a marriage certificate alone can authorize with government agencies.
When a court petition is necessary, the individual generally files an application with the appropriate local court. The petition states the current legal name, the desired new name, and the reason for the request. This process usually involves court filing fees, which vary by location, though waivers may be available based on financial need. Depending on the jurisdiction, additional steps like background checks or publishing a notice of the intended change might be required. If approved, the court issues a decree legally changing the name, which then becomes the official document needed for updating records.
Notifying Vital Records
Once the marriage is recorded and a certified certificate is obtained, the office that issued it (e.g., county clerk, state vital records) is already aware of the event. This office maintains the marriage record used to support the name change.
A frequent question is whether the office holding one’s birth certificate needs notification or amendment. Generally, birth certificates are considered historical records reflecting facts at the time of birth and are not updated to show a name change due to marriage. The birth certificate usually retains the individual’s name at birth.
The certified marriage certificate serves as the legal link between the name on the birth certificate and the new married name. When proof of name history is needed, presenting both documents typically suffices. Therefore, for standard post-marriage name changes, contacting the vital records office that issued the birth certificate is usually unnecessary.
Updating Identification Records
With the certified marriage certificate (or court order), the next step is updating key identification documents.
The Social Security Administration (SSA) should typically be notified first, as other agencies often verify name changes against SSA records. To update your name, complete Form SS-5 (Application for a Social Security Card) and submit it with original or certified proof of identity (like a driver’s license or passport) and the certified marriage certificate or court order.1Social Security Administration. How Do I Change or Correct My Name on My Social Security Number Card? There is no fee for this update. The SSA will issue a new card displaying the updated name but keeping the original Social Security number. While applications can sometimes be started online, submitting the required documents usually involves mailing them or visiting an SSA office.
Next, update state-issued identification, such as a driver’s license or non-driver ID card. Most states require reporting a name change to the motor vehicle agency within a specific timeframe, often 30 days. This usually involves visiting a local office, presenting the current license/ID, the original or certified marriage certificate (or court order), and proof of the SSA update (like the new Social Security card). A fee is typically charged for the updated license or ID, and a new photograph is usually taken. Note that updating a driver’s license may not automatically update vehicle registrations or titles, which might require separate steps.
Updating a U.S. passport is also important, especially for international travel. Having a passport matching your current legal name avoids potential issues. The process depends on the passport’s issue date. If issued less than one year ago, use Form DS-5504 for a name change correction, submitting the form, current passport, certified name change document, and a new photo.2U.S. Embassy & Consulates in the UK. How to Change the Name on a U.S. Passport There is generally no fee if done within one year of issuance.
If the passport was issued more than one year ago, apply for a renewal using Form DS-82 (if eligible for mail renewal), submitting the form, current passport, certified name change document, a new photo, and the applicable renewal fees (currently $130 for a standard book, plus optional expedite fees). If ineligible for mail renewal, apply in person using Form DS-11. Processing times can take several weeks, so plan accordingly before travel.
Changes to Bank and Credit Accounts
Updating financial accounts with your new legal name is crucial for smooth access and identity verification. While not always legally mandated, discrepancies between account information and current identification can cause transaction difficulties.
Contact your bank or credit union to begin the process. Many institutions require visiting a branch in person for security. You will typically need to provide the certified marriage certificate and updated government-issued photo ID. Some may also ask to see the updated Social Security card. Confirm specific requirements and any potential fees with your bank beforehand. Request new checks and debit cards with the updated name.
Similar steps apply to credit card accounts. Contact each issuer’s customer service to understand their specific protocol, which may involve online updates, phone calls, or submitting forms with proof documents. Updating credit cards helps prevent purchase issues. The name change itself does not affect credit history or scores, which are tied to your Social Security number.
Remember to update other financial holdings, including investment accounts, retirement funds (401(k)s, IRAs), and loans (mortgages, auto, student). Procedures vary by institution but generally involve submitting proof of the name change and updated ID. Consistency across financial records simplifies management and prevents potential access issues.
Revising Employment and Tax Forms
Inform your employer of your name change to update payroll, benefits, and employment records. Notify your Human Resources or payroll department after the change is legally effective, ideally after updating your information with the Social Security Administration (SSA). Employers typically require documentation, such as your new Social Security card and sometimes the certified marriage certificate.
Regarding Form I-9 (Employment Eligibility Verification), U.S. Citizenship and Immigration Services (USCIS) guidance suggests employers note the name change in Supplement B but does not strictly require updating an existing employee’s form solely for a legal name change unless specific circumstances apply (e.g., certain E-Verify employers).3U.S. Citizenship and Immigration Services. 6.3 Recording Changes of Name and Other Identity Information for Current Employees
Your name change directly affects tax documents. The Internal Revenue Service (IRS) requires the name on your Form W-2 (Wage and Tax Statement) to match the name associated with your Social Security number (SSN) in SSA records. A mismatch can delay tax return processing and refunds.
Submit an updated Form W-4 (Employee’s Withholding Certificate) to your employer.4Internal Revenue Service. About Form W-4, Employee’s Withholding Certificate This form allows you to provide your new legal name for payroll and adjust federal income tax withholding based on your new marital status. Ensure the name provided matches the name on your Social Security card. Providing an updated W-4 helps ensure your employer uses your current legal name on pay stubs and the year-end W-2. It is best to submit the updated W-4 after the SSA has processed your name change.
Confirmation of Name Change
Ensure the Social Security Administration (SSA) has processed your name change before filing your tax return under your new name. The Internal Revenue Service (IRS) verifies names against SSA records during tax processing.5Internal Revenue Service. Tax To-Dos for Newlyweds to Keep in Mind Filing with a name not yet updated in the SSA system will likely cause delays.
If you must file taxes before the SSA update is complete, use the name currently on file with the SSA to avoid processing issues. Once the SSA confirms the change, use your new legal name for future tax returns. Generally, you do not need to notify the IRS separately of the name change beyond filing your return with the updated name, as the SSA shares this information with the IRS. However, if you also changed your address due to marriage, notify the IRS directly using Form 8822, Change of Address.
