Using Your Spouse's Surname: Changing Your Name Legally After Marriage It is quite allowed to change your name after marriage to anything different than your spouse's name. However, it is occasionally necessary to have more than simply a marriage license; normally, a court decree is required. If you want to take your husband's last name, you can provide evidence of his death before the decree is filed at the courthouse. Changing Your Name Back To Your Spouse's Former Name: Legally Separated But Not Divorced A divorce means that your marital relationship has been terminated. The legal effect of this termination is that you are now able to make your own personal decisions about your life without any influence from your former husband or wife. One of those decisions includes changing your name back to your former surname. Even if he or she does not agree with your decision, your former husband or wife cannot stop you from taking your new name. There are several reasons why someone might want to change their name back to their former married name. For example, if they were previously married and their previous husband or wife is still living, then they may want to be able to obtain credit in their own name instead of under their former married name. They may also want to remove any implication of marriage from their record by returning to using only their first name. Finally, they may want to avoid having their old married name used as a form of address for them directly after their divorce.