Although the institution of marriage has been around for centuries, the concept of marriage “traditions” have changed considerably during that time – and continue to evolve today. Taking on the groom’s surname, for example, was once basically a given when a woman got married – but it hasn’t always been that way and may not remain that way in the future. If all this sounds confusing, you are not alone. If you are planning to marry in the near future, you may be asking yourself “Do I have to change my last name if I get married? Can I? If so, how do I change it? These are all good questions that have some relatively simple answers.
First, the “tradition” of a woman taking a man’s surname after marriage is not steeped in as much history as most people think. First, the entire concept of adopting a husband’s surname is limited to European, (and then American) culture. Moreover, it was not even a common custom until the 16th or 17th century. Prior to that time, a married woman had no surname as she was thought to have essentially given up her identity when she married. In other cultures, it is common for a woman to keep her surname along with adopting her husband’s surname, resulting in two last names, while in yet other cultures a woman’s last name doesn’t change at all after marriage.
Just to convolute matters more, same-sex marriage adds another twist to the “name change” dilemma. If two men marry, who changes his name? If two women marry, does no one change their name? Do they switch names? Should they hyphenate their surnames?
Some legal clarification may help. Legally, you are not obligated to change your last name when you marry; however, you may change your last name if you choose to do so. Either spouse may adopt his/her spouse’s surname after marriage or you may decide to hyphenate, resulting in two surnames after marriage. The choice is entirely yours to make, along with your spouse of course.
If you do decide to change your last name after marriage, you will need to officially change it with some important agencies such as the Social Security Administration and the Department of Motor Vehicles. To change your driver’s license you will typically need to bring a certified copy of your Marriage Certificate to the local licensing office. Your Marriage Certificate is what you receive after the marriage is performed by filing your marriage license with the county clerk’s office. For the Social Security Administration you will need to fill out a
Form SS-5 and provide a copy of your Marriage Certificate.
If you have additional questions or concerns about name changes related to marriage, contact the experienced Florida attorneys at Celler Legal, P.A. by calling 954-716-8601 to schedule your appointment.