Yes, you may be eligible to file as head of household. The IRS considers you unmarried and allows you to claim the HOH status if you meet the following criteria:
- You file a separate return
- You paid more than half of the cost of keeping up your home for the tax year
- Your spouse did not live in the home during the last 6 months of the tax year
- Your home was the main home for your child, step child, or foster child for at least 6 months of the tax year
- You must be able to claim the child as a dependent unless the only reason that you can't claim the child is because the noncustodial parent can claim the child under certain rules.
