How to Update Your Name on Social Security, DMV, and Passport After Divorce in New York

Restoring your maiden or prior name after a New York divorce is your legal right under DRL § 240-a — but the actual process of getting that name onto your Social Security card, driver's license, and passport requires visiting three separate agencies in a specific order. Skip a step or go out of sequence and you'll get rejected.

Here's the exact sequence, with the forms and fees for each.

Why the Order Matters

The NY DMV runs a real-time verification check against the Social Security Administration's database when you apply for a license change. If your new name isn't in the SSA system yet, the DMV will reject your application on the spot. Similarly, the State Department needs your updated government-issued photo ID (your new license) when processing a passport name change.

The required sequence: Social Security → DMV → Passport. No shortcuts.

Step 1: Social Security Administration (Form SS-5)

What to bring:

• Completed Form SS-5 (Application for a Social Security Card)
• Your certified copy of the Judgment of Divorce showing the name restoration provision
• Current unexpired photo ID (your existing driver's license works)
• Proof of U.S. citizenship (birth certificate or current passport)

How to submit: In-person at your local SSA office or by certified mail. Original documents are required — the SSA does not accept photocopies. If you mail originals, they'll be returned to you.

Fee: Free.

Processing time: The new Social Security card typically arrives by mail within 2–4 weeks. You'll receive a receipt at the appointment confirming your name has been updated in the system — the DMV can verify against the SSA database within 24–48 hours of your appointment, even before the physical card arrives.

Step 2: NY DMV (Form MV-44)

What to bring:

• Completed Form MV-44 (if getting a REAL ID or Enhanced license) or MV-44NC (Standard license)
• Your new Social Security card or SSA receipt
• Certified copy of the Judgment of Divorce
• Your current physical driver's license
• Six points of ID (the DMV's point system — your divorce decree counts as one point)

How to submit: In-person for REAL ID or Enhanced licenses (mandatory). Standard-class licenses can be done by mail using Form MV-44NC.

Fee: $12.50 baseline, $17.50 for a new photo, plus $30 additional for an Enhanced Driver License.

Processing time: If you visit in person, you'll walk out with a temporary paper license. The permanent card arrives in about 2 weeks.

Step 3: U.S. Passport (Form DS-82 or DS-5504)

Which form to use:

• DS-5504 if your current passport was issued less than one year ago — the name correction is free
• DS-82 if your current passport was issued more than one year ago — $130 fee ($60 additional for expedited processing)

What to include:

• Your current valid U.S. passport
• Certified copy of the Judgment of Divorce
• One passport photo (2" × 2")

How to submit: By mail. Track your application at travel.state.gov.

Processing time: 6–8 weeks for routine processing, 2–3 weeks for expedited.

What If the Divorce Decree Doesn't Include Name Restoration?

DRL § 240-a requires every Judgment of Divorce to include a provision authorizing surname restoration. If yours was somehow omitted, you have two options:

1. Modify the judgment — petition the Supreme Court that issued your divorce to amend the decree to include the name restoration language.
2. File a separate name change petition — under Civil Rights Law § 60, file in either Civil Court ($65 in NYC) or Supreme Court ($210). This is the same process you'd use if you wanted to adopt an entirely new name rather than resuming a prior one.

Option 1 is faster and cheaper if the omission was a clerical oversight.

Don't Forget These Other Updates

Once your three primary IDs are updated, you'll need to update your name with your employer's HR department, your bank, your health insurance provider, the IRS (your next tax return is sufficient), and utility companies. The New York After-Divorce Guide includes the complete agency-by-agency checklist with every form and timeline.

See more New York guides →