Hyphenating your last name is a great way to incorporate your spouse's, but it comes with implications and challenges. Here's how to plan for a hyphenated last name and avoid unwelcome surprises later.
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by Danny Bradbury
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Legally reviewed by Allison DeSantis, J.D.
Allison is the Director of Product Counsel at LegalZoom, advising and providing leadership to internal teams on the d...
Updated on: July 24, 2024 · 11 min read
For centuries, one rule of marriage was accepted by all: a woman took their spouse's name in marriage. In the past few decades, couples have rethought that idea. Many different options have emerged for newly married couples. Some prefer to keep their own names. Others combine them as a hyphenated last name, Smith-Jones, for example, creating a new surname to reflect both their identities.
Many consider maintaining the two last names important for genealogical and cultural reasons. This might be especially important to a family that would traditionally give up its surname (last name) in marriage or wishes to keep the name alive.
A double surname also allows people to preserve their professional identity under their maiden names while also showing unity with a partner.
Taking a second surname alongside your own last name still isn't the norm, but there are signs that it could become more popular. In a 2023 survey, the Pew Research Center found just 5% of married women with a hyphenated last name. However, with 17% of unmarried women stating that they would want a hyphenated last name after a marriage (and another 24% unsure), that might change in the future.
Creating legal hyphenated names can be a daunting process with many bureaucratic implications. Here are three steps to ensure that you hyphenate your last name properly.
A hyphenated last name (also sometimes called a double-barreled surname) typically involves merging two surnames with a hyphen, and it's typically done after a marriage. However, there are subtleties to consider when choosing the format for your hyphenated names.
The most important choice for many is which of the two last names is the first surname. Couples can choose the naming order based on personal preference, alphabetical order, or simple aesthetics.
In some cases where names risk becoming especially long, newlyweds might want to shorten one or both of the two last names. This can avoid problems when you write them, or others read them, along with issues and length limitations when filling out online forms.
Another less obvious consideration is the number of hyphens. While a single hyphen is the most common choice, you might find yourself using double hyphens if either of your names is already double-barreled (e.g., Amy Smith-Brown and Agatha Jones might become Smith-Brown-Jones).
It's also important to consider state regulations here and how they might affect your double-barreled surname. While many states allow individuals to hyphenate their surname upon marriage without the need for a formal court process, Amy and Agatha in the above example might have to refine their choice in Idaho, which only allows one hyphen in the last name. Idaho also has rules about how names can be sequenced if only a single applicant chooses to hyphenate their name or if each application uses a different hyphenated name.
States also differ on policies regarding abandoning a married name after a divorce. Some allow the restoration of a previous name within the divorce decree, while others might require a separate legal process.
Prepare for varying levels of documentation and different fees required by different states. This can include proof of residency, birth certificates, and other legal documents.
Creating hyphenated names generates requirements for other legal and documentation changes including your driver's license. The first step will be to fill out a form SS-5 application at the Social Security office for a new Social Security card. You'll need proof of your new married name (typically your marriage certificate) for name recognition by the Social Security Administration (SSA). That agency will also inform the Internal Revenue Service of the change.
Then, use your new Social Security card to update your other documents as required by the federal government and the state. These may include:
Address all of these updates to ensure legal consistency across all records and to avoid potential issues in proving your identity. You should do this with an understanding of your specific state's procedural nuances. For example, some states may also require you to record your double-barreled surname on the marriage license. Some also require close synchronization between identity documents, such as passports or driver's licenses. Many have deadlines for you to update these documents after you begin your name change with the Social Security Administration, so be sure that you're ready to move quickly.
Planning, obtaining, and establishing a hyphenated name is a complex enough process to warrant legal guidance for many people. We advise consulting a legal professional, especially in complicated scenarios where you have existing legal contracts under a previous name, for example, to ensure compliance with state laws and to mitigate potential legal issues.
Hyphenating your last name may seem like a straightforward decision, but it can carry personal, professional, and legal implications. With these in mind, it's important to consider it from various angles.
Hyphenating your name is one of several options you can decide upon before your marriage. You could also opt for a double surname without a hyphen (Jones Smith rather than Jones-Smith) or even blend parts of two last names into a completely new one. Each option has different implications in terms of legal documentation and how others may perceive or recognize your new name. Understanding all possibilities can help you make a choice that best aligns with your personal and professional identity.
It would be a lot easier if two people getting married each happened to have the same last name. In practice, it rarely works out that way. So, pay close attention to the social, professional, and legal implications when deciding on your naming options. Work with a legal advisor to cover all of your bases.
Typically, the order of names in a hyphenated surname can follow either personal preference or traditional norms, which can vary by culture or family practice. In many English-speaking countries, it's common to place the names in alphabetical order or choose the order that sounds better or feels more significant to each spouse. Ultimately, whatever you decide to be called, it's important to consistently write your double last name in the chosen order in legal documents and official records once you decide on it.
Although some parents decide to give their children the father's surname, in many jurisdictions, you can give your children hyphenated last names, typically during the birth registration process.
If parents want to change or hyphenate the name after it has been registered, they will generally need to go through a legal name change process, which can vary by location. If the child has another legal parent, their consent may also be necessary. It's advisable that parents check the specific laws and regulations in their area or consult a legal professional to understand the exact requirements and implications.
When you hyphenate your name, it is considered your legal surname. It must be used on your driver’s license, passport, Social Security cards, bank accounts, and other forms of identification or formal documents. It’s important to update all your records after a name change to ensure consistency and to avoid confusion through the use of a different last name.
Restoring your original name after a marriage can be the subject of a divorce decree. Otherwise, you may need to file a petition with the court for a legal name change. This generally involves filling out a form and paying a fee. Check the specific requirements in the jurisdiction where the divorce was granted.
Some jurisdictions require people to enter their hyphenated name on their marriage certificate, which then becomes a legal document after the marriage. Check with a legal advisor and/or the county clerk to be sure.
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