Short answer. Yes, you have a choice. Article 371 of the Civil Code provides that the innocent spouse in an annulled marriage may resume her maiden name, or may choose to continue using her former husband's surname — unless the court orders otherwise, or either of you remarries.
What the law says
If she is the innocent spouse, she may resume her maiden name and surname. However, she may choose to continue employing her former husband's surname, unless: (1) The court decrees otherwise, or (2) She or the former husband is married again to another person.
Civil Code, Article 371 — Wife’s Name After Annulment. Read the full provision →
The innocent spouse has a genuine choice
Article 371 of the Civil Code treats the guilty and innocent spouse in annulment very differently. The guilty spouse must resume her maiden name — she has no option. The innocent spouse, by contrast, is given a genuine choice: she may go back to her maiden name if she wishes, or she may continue using her former husband's surname. The law recognises that the innocent party should not be further burdened by having a name choice imposed on her after the annulment.
Two situations that end the right to keep the surname
The right to continue using the former husband's surname is not unlimited. Article 371 identifies two circumstances where it ceases to apply. First, the court may order otherwise — meaning the annulment decree itself, or a subsequent order, may require the innocent spouse to revert to her maiden name. Second, the right ends automatically if either she or her former husband marries again. Once either party has entered a new marriage, continuing to use the former husband's surname would create confusion and mislead the public about the nature of marital relationships.
Why this rule exists for the innocent spouse
The innocent spouse did nothing to cause the annulment. She may have built her professional identity, community relationships, and public reputation under the marital surname over many years. Forcing her to immediately abandon it would add practical hardship to a situation she did not create. The law allows her to decide whether returning to her maiden name best serves her, or whether continuity under the existing surname is more practical — especially for her children, her career, or her documents.
What to do if you want to keep the name
If the annulment decree does not address the surname question and you wish to continue using your former husband's surname, you generally may do so — subject to the two conditions above. If there is any ambiguity in the decree about what you are permitted to do, or if your former husband objects, it may be worth seeking a clarifying order from the court. In the meantime, keeping the annulment decree and being able to explain your legal right to use the name is practical preparation for any administrative or documentary issues that may arise.