Getting back your maiden name/Keeping your married name

When your divorce is being completed, the judge will sign a "final judgment of divorce" or something similar. Many states call this a "divorce decree." If you want your maiden name back, you need to say so in your final judgment.

We usually add in a paragraph to the final judgment that says something like, "The Wife's former name of Jane Doe is restored." That's all you have to say. Then you can take your final judgment to the Social Security office to get a new Social Security card. After that, take your final judgment and your new Social Security card to the Driver License office to get your new driver's license. (It can be a bit of a hassle, and many of my clients have said, "That's too much trouble, I'll just keep my married name.") Of course, many women keep their married name so that they have the same last name as their children.

I should point out also that you have an absolute right to go back to your maiden name or keep your married name. I've seen many men try to object to the wife keeping "his name." The choice is yours, not his.

If you forget to change your name back to your maiden name through the final judgment, you may be able to get your final judgment amended, but, more than likely, you'll have to file a name change lawsuit, which most any family lawyer can help you with.

The lump sum alimony tax trap

You may get an offer something like this from an opposing lawyer:

We'll give you your spouse's share of the house as lump sum alimony. "Hey, sounds good," you think. You know Florida law. You know that spouses usually split their equity in a house equally if the house was purchased during the marriage. "I get my spouse half of the house," you think, and you continue with other settlement terms. In exchange for half the equity in the house, you give up your interest in, say, your spouse's 401(k). "That's a fair and even swap," you say. "My spouse keeps his or her 401(k), but I get all the house."

But, ouch! Watch out! You just got stung by one little word: "alimony."

As I've explained in the past, the person who is receiving alimony may have to pay taxes on the received alimony as if it were income. The person paying alimony may be able to claim the alimony paid as a tax deduction.

When you accepted half the house as alimony, you may have just taken a big tax hit and given your spouse a big tax deduction. The deal is suddenly not looking so equal, is it? Make sure you take the house as a marital distribution, not as alimony, unless you're really certain you know what you are doing. One little word can cost you thousands.

This divorce stuff sure is tricky, isn't it?