In 2013, in a game against the St. Louis Rams, Whitner was fined for a hit on receiver Chris Givens. In response to the fine, he indicated that he would be legally changing his last name from "Whitner" to "Hitner", dropping the "W" from his surname. In an appearance on NFL Network's "NFL Total Access" on November 27, 2013, Whitner indicated that his request was to be processed on November 19, but had to be withdrawn when he was unable to honor the judge's requirement that he appear in court. During the same interview, Whitner indicated that he would pursue his name change during the offseason.