Post-Wedding Legal Considerations & Checklist
Marriage is an exciting and special time for couples, but some of the things one should consider after getting married are less exciting and more practical than others. Below are a few legal and practical considerations for couples after their wedding day, especially if one or both people are changing their names.
A Note on Name Changes
If you are changing your last name, you should know that there is no official deadline before which you must make the switch. However, you may want to consider the timing of your name change. If you have already booked travel reservations using your old name, you might want to start the name change process after you return from your trip. This is because you could face difficulties traveling, especially flying, if the name on the identification you use, like your passport, does not match the name on your travel reservations and tickets. You might also want to avoid changing your name around tax season for a similar reason — the name on your tax documents should match the name on your Social Security card. Delaying your name change should not prevent you from filing taxes jointly if you wish, so long as your names match.
You should also be aware that many states impose a few restrictions on how you can change your last name by using a marriage certificate. Typically, you will be able to change your last name to your spouse’s, hyphenate both surnames, or change your middle name to your maiden name. You will probably need to obtain a court order to change your last name to an entirely new name or to change your first name. If this is the case for you, you can generally use the court order as proof of your name change in the way that you would your marriage certificate.
1. Acquiring Your Marriage Certificate
The first step for anyone after marriage should be to make sure that they have received their marriage certificate. This is different from your marriage license. Your marriage license is what you obtain in order to get married, while your marriage certificate is what you receive, usually in the mail, after your wedding. This might take a few weeks, and you may need to specifically request it.
Once you receive the official certificate, be sure that the information is complete and accurate. You might want to request additional copies of your certificate by calling the office that issued it. These copies should be certified copies rather than simply photocopies, since certified copies will be required by a few of the entities that you might deal with later. If you purchase more than one certified copy, you will not have to wait for it to come back in the mail to continue the process of updating your records. Put the original marriage certificate in a safe place.
2. Updating Your Social Security Card
If you are changing your name, changing it with the Social Security Administration (SSA) should be the first thing on your list. Other entities will refer to the SSA’s database before approving your name change on other documents, like your passport. Your name has not legally changed until you change it with the SSA.
Use Form SS-5 to apply to change the name on your Social Security card and file it with your local SSA office. You will need to include a certified copy of your marriage certificate, a valid identity document, and sometimes proof of your U.S. citizenship or lawful residence status with your application. You might consider using your U.S. passport, since it can function as both your valid identity document and proof of your U.S. citizenship. Otherwise, you can refer to Form SS-5 for alternative options. Note that copies or notarized copies of these documents are not acceptable. You will need to submit original documents, such as your actual passport, or a certified copy. Be sure to sign Form SS-5 with your new name.
You can either mail Form SS-5 and your required documents or file the form in person. Mail might be more convenient for some, but visiting in person means that you will not need to put important documents in the mail. After approval, you should receive a receipt of your name change immediately and your new Social Security card in 7-14 days. You will need to wait at least a few days for the change to be fully processed and appear in the SSA’s system.
The SSA warns that failing to change your name on your Social Security card may cause delays when filing your taxes or even lower the amount of Social Security benefits for which you are eligible in the future, so this is an important step to take if you plan to change your name.
3. Obtaining a New Driver’s License or State ID
If you have changed your name with the Social Security Administration, the next thing you should do is visit the department of motor vehicles (DMV) in your state to update your driver’s license or state identification card. If you have moved, you might also need to update your address.
Your specific state’s DMV website will have more information on application requirements, but you will likely need to bring your new Social Security card, your current driver’s license or state identification card, the original or a certified copy of your marriage certificate, and proof of your address, like a piece of mail. If you have changed your name more than once, you may need to bring additional documents like previous marriage certificates, divorce decrees, or court orders to connect your birth name to your new name.
Remember that air travelers will be required to present a Real ID or another acceptable form of identification (like a U.S. passport) for domestic air travel starting May 7, 2025. A standard driver’s license will no longer be accepted. This might be a good time to upgrade to the Real ID if you would like to use it for air travel. Note that the requirements for a Real ID may differ from the requirements to obtain a standard ID.
4. Applying for a New Passport
If you changed your name, you will also want to update it on your passport. You will use your marriage certificate or a certified copy, as well as your previously issued passport and a color 2x2 photograph of yourself, to apply. (More specific photo requirements can be found in the instructions of the passport application or on the U.S. Department of State’s website.) Note that not only your name but also your passport number will change once you update it.
If your passport is less than a year old, you will likely be able to update it for free. You will use Form DS-5504 in this case. For passports issued more than a year ago, you will use Form DS-82. If your passport was issued more than 15 years ago, or there is another reason why you will need to apply in person, you will use Form DS-11. Form DS-11 requires additional supporting documents, such as proof of U.S. citizenship and proof of identity.
Applicants eligible to use Form DS-82 or DS-5504 will most likely apply by mail, but they can also apply in person at an acceptance facility, passport agency, or U.S. embassy, consulate, or consular agency. Applicants using Form DS-11 must apply in person. It will take about 8-11 weeks to receive your new passport if you do not request expedited service.
5. Updating Your Bank Accounts
You might want to update your bank accounts not only to reflect a name change but also to update or add any beneficiary information. You can fill out payable-on-death (POD) paperwork to make sure that your new spouse has access to your bank accounts without going through the probate process in the unfortunate event that you pass away.
A name change will likely require an updated photo ID, like a driver’s license or passport, and your marriage certificate or a certified copy. You should make sure that you are issued new cards and checks that reflect your new name and possibly your new address.
You might also visit the bank to open a joint account with your new spouse or add your spouse to an existing account. They will probably need to go with you to the bank in this case. Processes will vary by bank, but they should be fairly straightforward. You can call the number on the back of your bank card for more information.
6. Informing Your Creditors
Whether you have credit cards, a mortgage, a lease, a car loan, or another account with a creditor, you will want to update your information and consider adding your new spouse to some of these accounts. You can pull your credit report from one or more of the big three agencies at annualcreditreport.com for a list of all of your creditors.
If you changed your name, you likely can update the name on your credit card accounts online or by calling the customer service line on the back of your card. You may be asked to upload or mail a copy of your photo ID and your marriage certificate. Other creditors, like those administering your home or car loan, probably have similar name change processes. You do not need to contact the three major credit bureaus (Equifax, Experian, and TransUnion) directly about your name change. The Social Security Administration should notify them of the change.
Getting married or changing your name will not affect your credit score, report, or history. Your spouse’s credit will not affect your own unless you jointly apply for a loan or open an account together.
7. Telling Your Employer
There are a few reasons to tell your employer of your recent marriage. If you have changed your name, you will want to be sure that their payroll reflects the change so that you do not experience any issues getting paid. You will also want to ensure that the name on any W-2s or 1099s that you receive from your employer at the end of the year matches the name on your new Social Security card. Otherwise, you could face issues filing your taxes. If you receive a W-2 or 1099 with an incorrect name, you should ask your employer to issue a corrected copy.
You also need to consider your tax withholding after getting married. Marriage could mean moving into a new tax bracket. You can use the IRS tax withholding estimator to estimate your federal income tax withholding. If you need to change your withholding, you will need to give your employer a new Form W-4 within 10 days.
You might also want to update other records with your employer, such as your emergency contact, or your direct deposit information if you are opening a new bank account. Another reason why you should tell your employer about your marriage is the possibility of additional benefits. Your new spouse might qualify for benefits and programs offered by your employer, such as health insurance.
8. Updating Your Health Insurance
Marriage is an event that qualifies you for a special enrollment period, so your spouse or you will not need to wait for a typical enrollment period to be added to the other’s health insurance plan. Even if you are not sure about adding your spouse to your plan, or vice versa, this may be a good time to reevaluate all of your coverage options, both from your employer and from your spouse’s employer. You will typically have just 60 days after you get married to change your health insurance in any way. If you miss this 60-day window, you will need to wait until open enrollment. Contact your employer or health insurance provider for more information specific to your situation.
Note that your special enrollment period may come with certain restrictions, such as only being permitted to add your spouse to your plan or enroll them in a separate plan, while having less freedom to change plans altogether. If you happen to get married during an open enrollment period, you may wish to enroll under special enrollment anyway, since coverage usually begins sooner for those who enroll under special enrollment.
9. Reevaluating Your Insurance Policies
In addition to updating your name if you changed it, you might want to reevaluate your insurance coverage. For instance, you might consider adding new property like engagement or wedding bands to your homeowners’ or renters’ insurance policy. You can also research jewelry-specific insurance options to compare pricing. If your spouse and you will share a car, you might wish to update your car insurance.
A recent marriage may also prompt you to reevaluate coverage and options for life insurance. This may be the first time that someone else is depending on all or some of your income, so life insurance can be a great option to make sure that they are secure if something were to happen. Even if you do not change the life insurance coverage that you currently have, you may still want to update the beneficiary to name your spouse.
10. Updating Your Voter Registration
If you have changed your name or your address, you will probably need to update your voter registration by visiting vote.gov or using the National Voter Registration Application Form. Note that New Hampshire has its own process, Wyoming does not permit mail registration, and North Dakota does not have voter registration.
State registration requirements and deadlines vary. You can find state-specific information on the National Voter Registration Application, at vote.gov, or on your state’s official website.
11. Revising Your Estate Planning Documents
A marriage is a great time to review all of your estate planning documents to ensure that they incorporate your new spouse as you desire. Estate planning documents, such as a will or a trust, can have a huge impact on how your assets are distributed when you pass away. While it is likely that the rules in your state will allow your spouse to inherit from you without a will or another estate planning document, it is probably not something that you want to leave to chance. Your new marriage might also have you thinking about leaving your assets to others in your life, or finally getting around to creating something like a will in the first place.
12. Looking Out for More
There are quite a few things that you may want to reevaluate or update after you have gotten married. The considerations outlined above are meant to help you with some of the more important issues. Below you can find a few more.
