Can My Ex Stop Me From Keeping My Married Name After Divorce in Texas?

Divorce doesn’t just change family relationships—it can also raise questions about something as personal as your last name. Many people wonder:

If I want to keep my married name, can my spouse force me to give it up?

Short answer:
No. In Texas, a court may change a party’s name in a divorce only if that party asks for it. A spouse cannot force the other spouse to give up the married surname, and appellate courts have reversed trial courts that tried. 

The Statutes (What the judge can do)
Two provisions control:

• Texas Family Code § 6.706. In a divorce decree, “the court shall change the name of a party specifically requesting the change to a name previously used by the party”—unless the court states a reason to deny it. In other words, the request must come from the person whose name would change. 
• Texas Family Code § 45.105. On final disposition of a divorce (or annulment/void marriage), “the court shall enter a decree changing the name of a party specially praying for the change to a prior used name” and may not deny solely to keep family members’ last names the same. Again, it’s tied to the party who requests the change.

The Cases (What happens if a judge orders it anyway)

• Gault v. Gault (2019)
  Trial court changed Wife’s surname over her objection. The court of appeals reversed: the Family Code provisions contemplate self-petitioned name changes; there’s no authority for a court to change an adult’s name at a third party’s request over that adult’s objection.
• Fly v. Fly (1979)
  Husband asked the court to change Wife’s name back to her maiden name; Wife did not request or consent. The appellate court reversed, calling it an abuse of discretion to change her name without her request or consent (then-current Family Code sections cited).
• In re Erickson (1977)
  Establishes the general adult-name-change rule: courts act on the petitioning individual’s request and generally grant changes unless sought for wrongful, fraudulent, or capricious purposes—not at an opponent’s insistence. 

​Bottom line from the cases: Texas appellate courts treat it as reversible error to change an adult’s surname in a divorce when that adult did not request it. Your ex’s preference does not supply legal authority. 

Practical Tips

• If you want to keep your married name, don’t request a change in the pleadings, and object on the record if the other side asks the court to change it. Cite §§ 6.706 and 45.105. 
• If a decree changed your name against your wishes, consult appellate counsel; cases like Gault and Fly show a pathway to reversal. Justia Law+1
• If you choose to change your name, plan for downstream updates (ID/SSA, banks/loans, payroll, insurance, medical/school records, titles, professional licenses, wills/beneficiaries). The statutes even provide for a change-of-name certificate to help with updates.

​Takeaway
In Texas, the decision to keep or change your married name is yours. Courts implement your request—not your ex’s demands. If a court orders a name change over your objection, that’s the kind of ruling Texas appellate courts have reversed.