Can I switch back to my maiden name after divorce?

In Ontario, a wife who wants to take her husband’s last name upon marriage has two options. She can either legally change her last name or she can choose to assume her husband’s last name (or combine both last names into a hyphenated last name). 

The decision will ultimately affect the ease with which she can revert back to her former last name in the event of a separation or divorce.

Options for reverting to your maiden name after divorce

The difference between the two options for reverting back to your maiden name is that legally changing a last name requires a formal change to the Ontario Birth Certificate, whereas assuming a husband’s last name does not.  

A wife can legally change her last name by completing an Election to Change Surname form.  This form can be obtained from the Office of Registrar General. Once the change is made, her Ontario Birth Certificate will reflect her new legal name and previous name. There is no fee if the name change is done within 90 days of marriage.  After 90 days, the fee is $25. 

Upon divorce, a spouse can revert back to her original last name by completing an Election to Resume Former Surname form. This must be done within 90 days of the Divorce Order and costs $25.  If more time has elapsed, she will have to apply for a formal name change at a cost of $137.

Conversely, by assuming her husband’s last name, a wife is allowed to change her primary identification documents including her driver’s license, health card, passport, social insurance number and bank cards.  In this case, her Birth Certificate is not changed.  

Changes to your identification are made at any Service Ontario Center, upon presenting the clerk with a Marriage Certificate. There is no cost for this service.  At any time, you can revert back to her original last name free of charge.  That is, she does not need to be divorced, or even separated.  

Again,you simply need to attend any Service Ontario Center with your Birth Certificate, Marriage Certificate and/or Divorce Order, health card or driver’s license and a completed Change of Information form.

Need help filing for divorce?

SplitEasy makes it to file for divorce online. We carefully studied Canada’s system and innovated a solution that makes it easy to submit your divorce papers online. Learn more about it here.