An Individual Taxpayer Identification Number (ITIN) is a nine-digit number issued by the Internal Revenue Service to individuals who need to file a federal tax return but are not eligible for a Social Security Number. Immigrants, nonresident aliens, international students, and their families frequently use ITINs to comply with U.S. tax laws. While ITINs do not provide work authorization or access to benefits, they are essential for filing federal income tax returns and claiming certain credits.

Life changes, such as marriage or divorce, can affect your ITIN. A name change, shift in filing status, or new dependency claims may require you to update or renew your taxpayer identification number. For example, a newly married taxpayer who takes a spouse’s surname must ensure their ITIN records match their legal name to avoid delays. Similarly, someone returning to a maiden name after divorce must update their ITIN so that tax filings remain accurate and consistent with IRS records.

This guide provides a step-by-step explanation of how to manage your ITIN after marriage or divorce. You’ll learn when updates are required, how to complete Form W-7, what supporting documentation to submit, and how to avoid processing delays or rejection notices. Whether you’re an ITIN holder, a dependent, or a tax professional assisting clients, this resource will help you navigate renewals, name changes, and compliance with IRS requirements.

What Is an Individual Taxpayer Identification Number (ITIN) and Why Does It Matter After Marriage or Divorce?

An Individual Taxpayer Identification Number (ITIN) is a nine-digit taxpayer identification number issued by the Internal Revenue Service (IRS). It is assigned to individuals who are required to file a federal tax return but are not eligible for a Social Security Number. ITINs are commonly used by immigrants, nonresident aliens, international students, and their dependents to comply with federal income tax requirements. For complete IRS guidance, see the ITIN overview.

ITIN vs. Social Security Number

While an ITIN looks similar to a Social Security Number (SSN), the two have different purposes.

  • ITIN

It is exclusively used to file U.S. federal income tax returns, claim credits, and report tax obligations. It does not authorize employment or provide Social Security benefits.

  • SSN

It is used for employment, Social Security benefits, and tax filing. It establishes legal work authorization and eligibility for federal programs.

Why Marriage or Divorce Affects Your ITIN

Life changes such as marriage or divorce can affect your ITIN in several important ways:

  • Name changes

If you take your spouse’s surname after marriage or return to a maiden name after divorce, your legal name must match IRS records linked to your ITIN. A mismatch can cause processing delays, refund freezes, or rejection notices.

  • Filing status updates

Marriage may allow you to file jointly with a U.S. citizen or resident spouse, while divorce may change your status to single or head of household. Both situations require current and accurate ITIN records.

  • Dependent claims

Marriage or divorce can change who claims children or dependents on a tax return. Updating ITIN records ensures the IRS correctly processes dependency benefits and credits.

By keeping your taxpayer identification number (ITIN) accurate after a marriage or divorce, you reduce the risk of penalties, avoid unnecessary delays, and maintain eligibility for tax benefits.

Understanding ITIN Basics

An Individual Taxpayer Identification Number (ITIN) is a nine-digit number issued by the Internal Revenue Service for federal tax purposes when someone cannot obtain a Social Security Number. It allows immigrants, nonresident aliens, international students, spouses, and dependents to file federal income tax returns and comply with U.S. tax law.

Key Features of an ITIN

  • Format and numbering

All valid ITINs begin with the digit “9” and follow the pattern 9XX-XX-XXXX. Positions four and five must fall within 50-65, 70-88, 90-92, or 94-99.

  • Federal tax purpose only

ITINs are used exclusively for IRS reporting. They are not valid for work authorization, Social Security benefits, or immigration status changes.

  • Expiration due to non-use

If an ITIN is not used on a U.S. federal income tax return for three consecutive years, it will expire on December 31 of the third year.

Who Needs an ITIN

You may need an ITIN if you:

  1. You are not eligible for a Social Security Number and must file a federal tax return or claim credits that require a taxpayer identification number.

  2. You are a spouse or dependent on a U.S. tax return and cannot get an SSN, but want to access tax benefits or be claimed for deductions or refunds.

  3. You are a nonresident alien, international student, or researcher with U.S. source income, treaty withholding, or education credits and must properly report that income. 

Limitations to Keep in Mind

  • An ITIN does not authorize legal employment in the U.S. or provide Social Security benefits.

  • Some tax credits require all individuals listed on a return to have an SSN, so an ITIN may not always qualify.

  • Particular state or federal programs may not accept ITINs as identification without additional documentation.

Applying or Renewing an ITIN

To apply for a new ITIN or renew an expired one, you must complete Form W-7, provide proof of identity and foreign status, and, in most cases, attach a U.S. federal income tax return. The application package should be accurate, consistent, and supported by current documentation to avoid delays or rejection.

Who Needs ITIN Updates After Life Changes?

Significant life changes, such as marriage or divorce, can affect how your Individual Taxpayer Identification Number (ITIN) is recorded with the Internal Revenue Service. Updating your ITIN after these events ensures your federal tax return is processed correctly and prevents delays or compliance issues.

Newly Married Individuals

  • If you legally change your name after marriage, you must update your ITIN to match your current legal name. A mismatch between your ITIN and federal tax return can delay processing or cause rejection.

  • Filing jointly with a U.S. citizen or resident spouse often requires an updated ITIN. This ensures that both spouses’ information is recorded correctly and that joint filing benefits are applied.

  • You may also need to update dependent information if children are included on your new joint return.

Recently Divorced Individuals

  • If you return to a maiden name or change your legal name after divorce, your ITIN must be updated to reflect this change. Consistency between your name and ITIN prevents errors when you file.

  • Divorce may also change your filing status from “married filing jointly” to “single” or “head of household.” Updating your ITIN helps the IRS process your tax return under the correct status.

  • You may now claim dependents independently. Keeping your ITIN current ensures that any credits or deductions linked to dependents are applied correctly.

Foreign Students and Professionals

  • International students, professors, and researchers often experience life changes such as marriage or divorce in the United States. These changes may alter visa status, dependency claims, or tax responsibilities.

  • If your spouse’s immigration status changes, you may need to update your ITIN to reflect your new filing eligibility.

  • Educational or dependency-related credits may also be affected by changes in your marital status. Updating your ITIN ensures that your eligibility is correctly applied.

Critical Timelines and Deadlines

Managing your Individual Taxpayer Identification Number (ITIN) on time is essential for accurate filing and to avoid delays. Whether you hold an existing ITIN or need to renew an expired ITIN, being aware of the IRS deadlines helps prevent penalties and ensures compliance with U.S. federal tax requirements.

ITIN Expiration Rules

  • Expiration

An ITIN expires if not used on a U.S. federal tax return for three consecutive years. All ITINs issued before 2013 that were never renewed must be updated before use.

  • Renewal requirements

When applying for an IRS individual identification, applicants must provide original supporting documents such as passports, birth certificates, or court records. These must meet current documentation requirements and may include medical or school records for dependents.

  • Verification

The IRS carefully reviews all documents submitted. Accuracy and completeness help avoid pending or delayed processing.

Filing Deadlines

  • Tax return due date 

The standard due date for filing is April 15 each year, unless the date falls on a weekend or holiday.

  • Processing time

ITIN renewals typically take seven weeks or longer during peak season in January through April.

  • Mail submissions

Applications are generally sent by mail to the IRS service center. Always confirm the correct address using official instructions before sending.

Responding to Notices

  • If the IRS sends a notice requesting additional documents, applicants should respond promptly with the requested information. Missing responses can result in rejection or further delay.

  • Sometimes the IRS may ask you to schedule an appointment for verification with a Taxpayer Assistance Center or through a Certified Acceptance Agent.

Additional Considerations

  • Identification options

Accepted documents include a driver’s license, state-issued license, or passport. The ITIN also contains unique middle digits that the IRS uses to track validity.

  • Communication

Consider calling the IRS directly to help check your ITIN application status.

  • Residency factors

Applicants from Canada or other countries must prove their identity and citizenship with official records.

  • Security

When filing online or checking your status, ensure the website shows a locked padlock icon in the browser, which confirms a secure connection.

  • Reminders

The IRS offers free resources to guide taxpayers. To keep records current, always notify the IRS of changes to your personal information, such as name or filing status.

  • Practical note

When mailing, place all documents neatly in a secure box or envelope to reduce the risk of loss. Keep copies for your records and track delivery to protect your interests in timely processing.

Step-by-Step Guide to ITIN Applications and Renewals

Filing an ITIN application or renewing an expired number requires accuracy and attention to detail. The IRS will reject incomplete packages, so applicants must follow each step carefully.

Step 1: Determine Application Type

  • If you are applying for the first time, on Form W-7, select “Apply for a new ITIN.”

  • Select “Renew an existing ITIN” if you are renewing and provide your current number. Renewals are required if you have an expired ITIN or your number has not been used on a U.S. federal tax return for three years.

Step 2: Complete Form W-7 Accurately

  • Fill out Form W-7 with your current legal name, date of birth, and country of citizenship.

  • If your name has changed due to marriage or divorce, include your prior name where requested.

  • Use the correct reason codes, such as “nonresident alien filing a federal tax return” or “spouse of a U.S. citizen.” This ensures your application for an IRS individual tax identification number is processed correctly and the identification is appropriately classified.

Step 3: Gather Required Documentation

The IRS requires original supporting documents or certified copies from the issuing agency. These must prove both identity and foreign status. Examples include:

  • A passport is a stand-alone document that proves both identity and foreign status without the need for additional records.

  • A driver’s license is accepted as valid state-issued identification when proving identity.

  • A birth certificate is commonly used to establish identity for children and dependents.

  • School records may be used to verify the identity of younger dependents enrolled in U.S. schools.

  • Medical records are accepted as proof of identity for children under six.

All documentation requirements must be met. Submitting expired or inconsistent documents can cause processing delays and may result in the IRS rejecting the application.

Step 4: Attach Supporting Tax Return

  • Unless you qualify for an exception, you must attach a federal tax return to your ITIN package.

  • Write “ITIN TO BE REQUESTED” in the SSN/ITIN field if you are applying for the first time.

  • Couples filing jointly should include both spouses’ information in the return to avoid errors.

Step 5: Submit Your Application Package

  • Place all forms and documents in a secure envelope or box before submission.

  • Most ITIN packages are sent by mail to the IRS Austin Service Center. Always double-check the current address provided in the instructions.

  • If you prefer in-person assistance, schedule an appointment at an IRS Taxpayer Assistance Center or work with a Certified Acceptance Agent. These options allow for document verification without sending originals.

This structured process helps applicants avoid rejection, reduce pending delays, and protect their interests in timely tax filing. Staying organized and following each step ensures the IRS can review your ITIN package efficiently.

Practical Examples and Edge Cases

Understanding ITIN rules is easier when applied to real-life situations. The following examples show how marriage, divorce, or status changes can affect ITIN requirements.

Example 1: Married With Dependents

A nonresident who marries a U.S. citizen and legally changes their last name must renew the ITIN with documentation showing the new name. If children are from a prior relationship, additional ITINs may be needed to ensure the dependents are correctly claimed on a joint federal tax return.

Example 2: Foreign Student With a Status Change

An international student who marries a U.S. resident while studying in the United States may become eligible for different filing options and education credits. To remain compliant, the student must update the ITIN and provide documentation verifying identity and the spouse’s status.

Example 3: Divorced Nonresident Investor

A nonresident investor who divorces and legally returns to a maiden name must update the ITIN to reflect the change. This update ensures that income from U.S. property or investments is reported under the correct legal name and that federal tax filings remain accurate.

Troubleshooting Common ITIN Problems When Filing a Federal Tax Return

Even with careful preparation, issues can arise with an IRS Individual Taxpayer Identification Number. Knowing the most common problems helps taxpayers address them quickly and keep their filings on track.

Misapplied ITINs

Sometimes an ITIN is linked to the wrong tax account, which can cause serious confusion. If this happens, you should contact the IRS directly, explain the situation, and provide documents that verify your identity. Prompt action helps prevent delays in your federal tax return processing.

Duplicate ITINs

An individual may receive multiple ITINs due to variations in name spelling or processing errors. Duplicate records create complications for both the IRS and the taxpayer. The best solution is to send a written explanation with ITIN numbers and request that the IRS consolidate the records.

Rejection Letters After an Application for IRS Individual Identification

The IRS may reject an application for an IRS individual identification if the package is incomplete, contains mismatched names, or includes expired documents. If you receive a rejection letter, review it carefully, gather the missing or corrected information, and resubmit with the original notice attached.

Delays With an Expired ITIN

Processing delays are common when an expired ITIN is used. The IRS cannot finalize tax returns until the ITIN is renewed. Submitting a renewal early, using current documents, and confirming that the application package is complete reduces the risk of pending status or extended delays.

Becoming a Certified Acceptance Agent (For Tax Professionals)

The IRS authorizes a Certified Acceptance Agent (CAA) to help taxpayers complete the ITIN process. This role allows professionals to verify documents, assist with applications, and reduce the need for clients to mail sensitive identification records. Becoming a CAA can expand a tax practice while providing valuable support to immigrant families, foreign investors, and international students.

Benefits of Becoming a CAA

  • A CAA can authenticate original identification documents, preventing clients from mailing passports or birth certificates.

  • Tax professionals with CAA status can receive ITIN assignments directly from the IRS, which speeds up the application process.

  • By offering ITIN services, tax professionals can create an additional revenue stream and strengthen trust with underserved communities.

Application Requirements and Training

To qualify, tax professionals must meet IRS standards and complete mandatory training. The process includes:

  • Applicants must complete ITIN Acceptance Agent training and Forensic Document Identification training.

  • Applicants must submit an electronic application through IRS e-Services.

  • Each applicant must pass suitability and background checks before approval.

  • Applicants must hold appropriate professional credentials, such as being a tax preparer or working for a financial institution, school, or government agency.

Responsibilities and Quality Standards

CAAs must also comply with IRS oversight to maintain their status. Key responsibilities include:

  • A CAA must submit at least five ITIN applications each year.

  • Each CAA must maintain accurate records for three years to document compliance.

  • CAAs must complete Certificates of Accuracy for every ITIN application package submitted.

  • Each CAA is required to cooperate with periodic IRS compliance reviews to confirm that standards are being met.

Risks of Ignoring ITIN Requirements After Marriage or Divorce

Failing to update or renew an ITIN after marriage or divorce can cause serious complications. These issues range from delayed tax filings to financial penalties, which can be avoided by keeping records current with the IRS.

Tax Filing Complications

  • The IRS may delay processing your return until you update your ITIN information.

  • Using an incorrect or mismatched ITIN can trigger errors that increase the chance of an audit.

Refund Delays and Penalties

  • Returns filed with an expired ITIN may not be processed promptly, which can delay tax refunds for months.

  • Failing to renew your ITIN before filing can lead to additional penalties or interest charges on unpaid amounts.

Loss of Tax Benefits

  • An expired ITIN may prevent you from claiming valuable credits, such as the Child Tax Credit or the dependent care credit.

  • Filing incorrect records may also disqualify you from joint filing benefits that reduce overall tax liability.

Administrative Burden

  • Taxpayers who ignore ITIN renewal requirements often face additional paperwork to correct filings.

  • Hiring professionals to resolve rejected applications or notices can increase costs and extend the resolution timeline.

Next Steps and Call to Action

Keeping your ITIN updated after a marriage, divorce, or legal name change is essential for smooth tax filing. Taking proactive steps now will help you avoid penalties, protect your credit eligibility, and reduce the risk of processing delays.

  • Check your ITIN status.

Verify if your number is valid or if you have an expired ITIN that needs renewal.

  • Gather your documents

Collect marriage certificates, divorce decrees, passports, or birth records to prove identity and status.

  • Seek professional help if needed.

Schedule an in-person verification appointment with a Certified Acceptance Agent or an IRS Taxpayer Assistance Center.

  • Maintain ongoing compliance

Inform the IRS of any legal changes, ensure you review your ITIN records regularly, and kindly submit renewal applications on time.

Frequently Asked Questions (FAQs)

Do I need to update my ITIN immediately after marriage or divorce?

If your legal name has changed, you should update your ITIN before filing your subsequent federal tax return. Waiting may cause mismatches between your return and IRS records, leading to delays. Although there is no separate deadline, filing with consistent documentation ensures smoother processing and helps you avoid unnecessary notices, penalties, or refund delays.

Can I file taxes with my maiden name ITIN after marriage?

You should not file with your maiden name ITIN if your legal name changes after marriage. The IRS requires consistency between your ITIN records and your federal tax return. Filing with mismatched information can trigger errors, create delays, and even prevent refunds. Update your ITIN first to ensure accurate filing and faster processing.

What happens if I do not update my ITIN after a name change?

If you fail to update your ITIN after a legal name change, the IRS may reject your federal tax return or place it on hold. This often results in refund delays and additional verification steps. In some cases, the IRS may issue a notice requesting corrected documentation. Updating your ITIN promptly helps prevent these avoidable issues.

Do my children need new ITINs after my marriage or divorce?

Children may need updated or new ITINs if their dependency status changes due to your marriage or divorce. For example, a dependent previously claimed by one parent may now be listed under a new filing arrangement. Updating ITINs ensures credits and benefits, such as the Child Tax Credit, are processed correctly. Accurate records avoid delays.

How long does ITIN name change processing take?

Processing an ITIN update for a name change usually takes seven weeks under normal conditions. It may take nine to eleven weeks during peak filing season, from January through April. Delays are more likely if documents are incomplete or inconsistent. Submitting accurate paperwork and using a Certified Acceptance Agent can help reduce the chance of rejection or delays.