After divorce, can I keep my ex-partner’s family name?

“Family by Law" is the article by Caiado Guerreiro in which the Team Leader of the Family and Succession Department, Stéfanie Luz, answers questions on the subject.
News 20/01/2025

The question: After divorce, can I keep my ex-partner’s family name?

The Civil Code’s Article 1677-B stipulates that, as a general rule, upon divorce each ex-spouse loses any surnames they may have adopted from the other.

There are cases in which there is a legitimate interest in keeping the surnames, such as for professional purposes. Preserving them requires the authorisation of the ex-spouse or, where there is none, a court decision to that effect.

The request for judicial authorisation can be submitted in the divorce proceedings or in separate proceedings and must be duly substantiated.


The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.

Practice Areas

  • Family and Inheritance

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