The use of her ex-husband's name after a divorce is not necessarily sustainable

A divorced woman was sentenced to stop using her ex-husband's name 25 years after her divorce.

At the time of their divorce in 1991, the husband had allowed the mother of his children to keep her name until the majority of the last child, i.e. until 22 January 2007.

In 2016, he ordered his ex-wife to take back her last name. This is in order to avoid any personal and especially professional confusion, since ex-spouses are practicing the same medical profession.

To oppose this request, the former spouse maintains that she is known internationally by this name alone, particularly in her scientific research activity, and that this does not bother her ex-husband since he remained for 9 years without opposing the use of his name.

For the Court of Cassation, the former spouse was only allowed to use the surname temporarily. The subsequent use of this name is therefore abusive, the silence of the ex-spouse does not constitute tacit acceptance. The former spouse's professional recognition does not give her the right to use that name.