FAQ: Family Law

Family Law

When a Couple Marries, is One Spouse Required to Take the Other's Surname?

By law, women are entitled to their maiden name. Generally, taking a husband's surname is a custom and not a statutory requirement. Some states have statutory authority regarding name change upon marriage. In those states, a married person may use her birth-surname, the spouse's surname or a combination of the two names (generally hyphenated). However, there are still a few other states that have statutes to the contrary; upon marriage, a wife takes her husbands surname. Although, even in states where the wife is assumed to take her husband's surname, professional use of a woman's maiden name has been a longstanding use.

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