Changing Last Name Legally

Nevada · June 2005

One of our EE's got married 2 weeks ago and came back to work today. I asked her about her NEW last name and she told me that she hasn't changed it legally yet.I know she needs to change her SS card to her married name but is there anything else I need to have? What documents do I need for proof before changing her insurance info etc. Is there a time limit to changing your name legally? Does she HAVE to change it and is this a concern of mine? I know this is Las Vegas and I should have run into this sooner but I haven't...Since I know that she is married now, I feel I need to change this ASAP but not without legal documentation. Is there a time limit to changing your name? I guess I just need someone to tell me a procedure to follow in this case since I obiously don't have one. Thank you....Liz

Whatever · June 2005

Many women today do not change their name after they get married. We do not change a name unless the ee requests it and/or they change their name on the social security card (to change a name on the payroll, we must get a copy of the new social security card). In any case, depending on insurance company procedures and the policy, you may need a copy of the marriage certificate so you can add the spouse. Also, if you have a pension plan, the ee should be advised of the law concerning naming the spouse as a beneficiary.

Nevada · June 2005

So basically, it really isn't up to us to police.It's to the EE's benefit to legally change it and to let us know. Is this correct? And thank you once again.

mushroomHR · June 2005

I didn't change my name when I got married. It's perfectly legal for a woman not to change it. If at some point down the road she does change her last name then you can deal with it then. Just make sure as stated above that you comply with all beneficiary rules now that she has a spouse.

pork1 · June 2005

I concurr! The 401K by law will go to the married spouse, unless the married spouse signs and dates that it is ok for the spouse to list someone else as the benefactor. I would make sure that the ee is made aware and get her guidance as to the information that she is willing to give to others and the information that you will need to take care of the ee and the family. Our life insurance is benefactored to whom ever the ee wants it to go. However, the ee must be reminded of that fact and that there is a choice to be made or not made (that is also correct)but we must know we are able to carry out the wishes of the ee.

In six years of employment our life insurance has paid off 4 times. One case was easy, the other three have been trying for this very issue. Everything from "What, my son would have not left that wh#@&;ng B%3@ch a penny". "I am sorry mam, but yes he did and every penny of it" so you will need to deal with her for burial cost. Yes we do need to be involved with the newly married ee to make sure we can carry out the wishes of the ee!!!

marc · June 2005

One other minor point, if the name does not exactly match social security records and IRS records, the EEs federal refund will be delayed and in a couple of years, social security will notifiy you of the mismatch and require you to correct.

So, make sure you have documentation before making a name change for payroll purposes.

Nevada · June 2005

Wouldn't it be best to just not change anything until they produce a copy of their new SS Card with their new married name on it?? Then I can update her I-9 along with everything else and be certain that it's correct?

marc · June 2005

That's the way I would do it, but you do not have to redo the I-9.

Nevada · June 2005

On the bottom of the I-9, Under
Section 3. Updating and Reverification.
A. New Name
What is this for? Can I put the new name in this area? Or do I have to complete a NEW I-9?

LivindonSouth · June 2005

You are not required to do anything with the I-9 when an individual gets married and changes (or doesn't) her name. Only several 'expired documents' require you to create another I-9, and marriage is not one of them.

WT · July 2005

In many jurisdictions, you may use any name you wish as long as you have no intent to defraud. Many documents (as in retirement papers) ask if you have been known by any other name. People go by nick names, middle names, abbreviated names or maiden names. Children from broken homes may keep the name they had, take their mother's maiden name or start using the last name of their "new" father. Sometimes children have a hyphenated name and use the name of both parents. Divorced women sometimes resume their maiden name and sometimes continue using their married names. All these things have been done and can be done without recourse to the court house.

lorrie · July 2005

Anytime an employee has a 'life event' such as marriage, new baby, etc. I try to get with them and remind them or explain to them their new options at work. (health benefits, 401k, beneficiary forms, W-4, etc.)

I let them know of any deadlines (such as you have 30 days to add new family to health insurance) and other requirements (such as you must provide new SS card if you want your name changed on company documents, payroll, etc.)

Once informed, the rest is up to them.

HRPager · July 2005

I just got married and I had to bring in a copy of my new Social Security Card and fill out a new W-4.

National Guard · July 2005

As mushroom said you are not required to change your name once you get married, and many people today do not change their name. It is just cheaper to do it at the time of the event (along with the marriage or in the divorce aggreement) otherwise, if you want to change your name any other time then it is quite expensive; filing papers, going to court and paying a fee.

I also don't think it is true that IRS will delay your refund. For the past two years my names have not matched. The W2 that I get each year from my National Guard pay still has my maiden name on it. The W2 that I get from The Town of Elkton has my married name on it. I have not had any problems with filing or getting my tax returns. And as someone said in an earlier post, as long as there is no intent to fraud it doesn't matter. What do all of the movie stars and entertainers do at tax time? a lot of them have more than one name.

Nevada · July 2005

Very interesting!!! Thank you for your responses. I haven't been on this forum for quite a while because I am now HR and Collections, but is that you Don D? LivindonSouth? I LOVE reading what you post!! It has to be you!!! I must have missed something along the way. Thank you again forum friends, but I think I just might be a tad more confused because I really thought changing your name was a bigger deal than it apparently is. Have a great Holiday!!

E Wart · July 2005

Anytime I learn that a person has married (or divorced), I provide them with a letter and all the attached forms. (Group Insurance Change, Life and 401(k) Beneficiary change, and tax forms.) These should be completed anytime there is a "life change". This is done whether or not they leave their insurance or beneficiary coverage as is. I ask that all of these forms be returned. I use these to determine what to change or not change. If the employee puts a new name on the form, then you can even provide them with the SS form for them to change their SS card name and then ask the employee to provide you with a copy once this is done. (I do advise the employee that if they do change their name, they do need to change their SS card or could mess up end of year tax filing as well as the SS dollars being put into the right bucket.) I have never had a problem with this.
By the way, you don't need to change your name when you marry. I didn't. In GA you have to declare this when you apply for the marriage certificate, before the actual marriage. I am sure you can go back to the court house and change if you want to. I understand the same thing normally happens with a divorce.. in the divorce order that the judge signs, you request for name change. (I have never had first hand expereince with this.)

E Wart

Nevada · July 2005

Thank you E Wart!! I will follow this procedure, but I have one question. Do you change the ee's name on all documents BEFORE you see proof of the change such as the new SS card?

E Wart · July 2005

Absolutely not. You have no idea if the employee changed their name or not. Do not change it until you receive legal documentation of this change. (Usually the new SS card. This way you know that they are being paid under the correct name.)

E Wart

LivindonSouth · July 2005

You mean you had a chance to change your name from Wart and declined? x:-) Just kidding. Reminds me of the joke in the 60s about the guy named Lyndon Baines Sh*t. He went to the courthouse for a name change. The clerk asked him what he wanted his new name to be. He said, "Oh, Joe Sh*t, John Sh*t, Sam, any of those."

Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

Nevada · July 2005

That was FUNNY! So, Livindon South, did you read #14 of this post? That is you Don, isn't it? If it is, did they make you change your name? You can't hide you know....Thanks for the Friday chuckle. Happy Friday to you all and thank you so much for your responses. I just LOVE this forum.

Changing Last Name Legally

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