Can I Force My Ex-Spouse to Lose My Last Name?

If you are getting divorced, and both parties have the same last name, can you force your Ex-Spouse to lose (or change) your last name?  The answer is “No.”

Your ex-spouse has a right and an interest in keeping the last name that she/he obtained during the marriage. There is nothing in New York State’s law that allows you to force her/him to change their last name.

However, if you or your ex-spouse wants to voluntarily change their last name, then this can easily be done in the divorce process.

In New York, a divorce is final when the Judge signs the “Judgment of Divorce”. The Judgment will specify the various orders of the Court, for example: child custody (if applicable), spousal maintenance (if applicable), asset division, etc.

It should be noted that the Judgment of Divorce can state that one or both parties may change their last name to their name before marriage. Yet, this is voluntary.

Divorce can be complicated. However, David Badanes, Esq. and the Badanes Law Office can help you through the process.

If you are thinking of getting divorced, call David Badanes and the Badanes Law Office today at 631-239-1702 or email at david@dbnylaw.com.

The Badanes Law Office has offices in Northport, Suffolk County and in Uniondale, Nassau County.

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