My reading of the law (and I am not a lawyer) Is your spouse cannot be a "member of your household" during the last 6 months of the tax year. To me, being a member of a household is much more involved than just a short stay.
I think you are on safe grounds.
The actual tax code put it this way:
<a rel="nofollow" target="_blank" href="
https://www.law.cornell.edu/uscode/text/26/7703">https://www.law.cornell.edu/uscode/text/26/7703</a>
(b) Certain married individuals living apartFor purposes of those provisions of this title which refer to this subsection, if—
(1) an individual who is married (within the meaning of subsection (a)) and who files a separate return maintains as his home a household which constitutes for more than one-half of the taxable year the principal place of abode of a child (within the meaning of section 152(f)(1)) with respect to whom such individual is entitled to a deduction for the taxable year under section 151 (or would be so entitled but for section 152(e)),
(2) such individual furnishes over one-half of the cost of maintaining such household during the taxable year, and
(3) during the last 6 months of the taxable year, such individual’s spouse is not a member of such household,
such individual shall not be considered as married.
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
