Yes. But the conditions below must apply. If you are in separate households, there is the possibility that you would both be considered Head of Household. Even if you were legally married as of December 31, you are considered unmarried (and therefore eligible for Head of Household) if all 5 of these conditions apply:
- You won't be filing jointly with your spouse
- Your spouse didn't live in your home after June (temporary absences due to illness, school, vacation, business, or military service don't count)
- Your home was your child's, stepchild's, or foster child's main home for more than half the year (non-child dependents in your home don't qualify)
- You paid more than half the costs of keeping up your home during the tax year
- You meet the qualifications to claim the child as your dependent, even if the other (noncustodial) parent is actually claiming the child as a dependent on their return
Guide to Filing Taxes as Head of Household
Married Filing Separately
Tax Tips for Separated Couples
Rules for Claiming a Dependent
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