How to Change Your Name After Divorce
Going through a divorce is hard enough — emotionally, mentally, sometimes even physically. There’s a lot to untangle. And for many people, one of the lingering pieces of that puzzle is a name. Maybe you took your ex’s last name years ago. Maybe you kept your birth name professionally but used a different one personally. Now that the marriage is over, you might be wondering: “Can I go back to my old name? How complicated is it? Is it worth it?”
If you’re in Ontario and considering changing your name after divorce, this article will walk you through what’s involved — in plain, human terms. No legalese, no guilt-tripping, and no assumptions. Just the facts, with a bit of empathy along the way.
Let’s get into it.
First Things First: Do You Have to Change Your Name After Divorce?
The short answer? No. Absolutely not.
In Ontario, there’s no legal requirement to change your name after a divorce. You’re allowed to keep your married name for as long as you want — forever, even — regardless of how the marriage ended. Some people do it for their kids, others because they’ve built a career under that name. And some just don’t want to deal with the paperwork.
But if your married name feels like a chapter that’s closed — and you’re ready to go back to who you were (at least in name) — that’s totally valid too. The law gives you the option to reclaim your previous surname, or to apply for a formal legal name change if you want something entirely new.
So no, you don’t have to. But you can. And if you’re leaning that way, here’s what you need to know.
Option 1: Reclaiming Your Previous Last Name — The Simpler Route
If you were legally married in Ontario and you assumed your spouse’s surname when you got married, you can revert to your previous legal name without going through a full legal name change. This is called “reassuming your previous surname.”
The great thing? It’s pretty straightforward — as long as you’re going back to your birth name or the last name you had before marriage.
Here’s what you’ll need:
- Your original marriage certificate or a certified copy
- Your birth certificate (especially if your previous surname is your maiden name)
- A divorce certificate or decree absolute (to prove the marriage has legally ended)
- Two pieces of valid ID (one usually needs to be government-issued with a photo)
You take these documents to any ServiceOntario location and ask to “reassume” your previous surname. There’s no fee for this process — though updating all your other documents will still cost you time and a bit of money.
A few common places you’ll likely want to update:
- Driver’s licence
- Ontario health card
- Passport
- SIN (Social Insurance Number)
- Bank accounts and credit cards
- CRA (Canada Revenue Agency)
Let me say this: it’s tedious, yes. But not impossible. It’s a bit of legwork upfront, but once your government-issued ID reflects your previous name, most other changes fall into place.
Option 2: A Legal Name Change — When You Want Something Different
Maybe your birth name doesn’t feel like you anymore. Or maybe you just want a fresh start that doesn’t involve your ex’s name or even your family’s. That’s where a formal legal name change comes in.
This process is more involved and costs money. As of now, the fee in Ontario is $137 for an adult legal name change (but check with ServiceOntario for the most up-to-date cost).
To do this, you’ll need to:
- Fill out the “Application to Change an Adult’s Name” form (available on the Ontario.ca website).
- Get a police record check (it must be submitted with the application).
- Submit your birth certificate — which will be cancelled and replaced with one reflecting your new name.
- Mail everything in to ServiceOntario, along with the payment.
Keep in mind: a legal name change is not the same as going back to your birth name. It creates a brand-new legal identity. If you ever want to revert again, you’ll need to go through the whole process again.
Also, if you were born outside Ontario or Canada, you may need to provide extra documentation — and the rules around proof of name at birth may differ. It’s a good idea to double-check what’s required before mailing in your application.
What About the Kids?
Changing your own name is one thing. Changing your children’s names is another — and it’s a whole different legal ball game.
In Ontario, if you share custody with your ex (or even if they just have access rights), you’ll usually need their written consent to change a child’s surname. If they don’t agree, you’ll likely have to apply to the court and show that the change is in the child’s best interest.
For many people, this part gets emotionally charged. You might want your children to carry your name after divorce — especially if they live primarily with you. But unless both parents agree, the law tends to tread cautiously here.
It’s worth talking to a family lawyer if this is something you’re considering. The court’s main focus is the child’s well-being, not the parents’ wishes.
A Few Emotional Truths About Changing Your Name After Divorce
Let’s be real for a second.
Changing your name — or deciding not to — isn’t just about forms and ID cards. It’s emotional. It’s personal. Sometimes it’s political. Sometimes it’s just practical.
You may feel like you’re “taking yourself back.” You might worry about confusing your kids, or about what your employer will say. You may feel silly for caring so much — or not at all.
That’s okay.
Here are a few gentle reminders:
- You’re allowed to keep your married name even if you’re no longer married.
- You’re allowed to go back to your previous name — or a new one — for any reason, or no reason at all.
- You don’t owe anyone an explanation, but it’s okay if you still feel like you need one.
- There’s no deadline. You can take your time.
Names carry stories. Choose the one that fits your story now.
Common Questions About Name Changes After Divorce in Ontario
Q: Do I need a lawyer to change my name after divorce?
No, you don’t. Most people can handle the process themselves, especially if they’re just reassuming their previous surname. But if you’re doing a legal name change, or dealing with issues like kids’ names or cross-border paperwork, talking to a lawyer might be a good idea.
Q: Can I change my name before the divorce is final?
Technically, yes — if you’re doing a legal name change. But to reassume your previous name without paying for a legal name change, you’ll usually need proof the marriage has ended (like a divorce certificate).
Q: Will changing my name affect my credit or tax records?
No, your SIN and credit history are tied to your SIN, not your name. But it’s important to notify the CRA, your bank, and credit agencies of your new name to keep records consistent.
Q: What if I was married outside Ontario?
You can still change your name in Ontario, but you may need to provide extra documentation, like a marriage certificate from another province or country. ServiceOntario can help clarify what’s needed.
Q: Can I change my name online?
Not yet — at least not fully. Some updates (like bank info or CRA records) may be done online once you have ID in your new name, but the core name change process still requires physical documents.
The Bottom Line: It’s Your Name, Your Decision
Changing your name in Ontario after a divorce isn’t as complicated as it might seem, but it is personal. Whether you’re reclaiming your maiden name, starting fresh with something new, or sticking with the name you’ve had for years — it’s your call. No pressure, no shame, no one-size-fits-all rule.
If you’re unsure where to begin or just want someone to talk things through with, consider reaching out to a local legal professional. It’s okay to get help — you don’t have to figure this all out alone.
And if you’re ready to take that next step? Head to ServiceOntario and start gathering your documents. You’ve got this.
Useful Links:
https://www.ontario.ca/page/change-name
https://www.ontario.ca/page/change-your-last-name
https://www.reddit.com/r/ontario/comments/17mxrdf/legally_changing_your_name_in_ontario/
Contact Us
Divorce Pricing
Free Consultation
Divorce in Ontario