Well firstly, you could file married filing jointly, if you both agree to do so.
By the black letter of the rules you can't file as HOH. To file as HOH, it must be true that
- "Your spouse didn't live in your home during the last 6 months of the tax year."
This doesn't give wiggle room for spouses who are no longer intimate, but share a residence for practical reasons, and it doesn't matter that your spouse doesn't financially contribute. While you might argue that you and your spouse are different households because you live separate lives, that doesn't seem to qualify under the rules. And I would imagine that you eat together as a family at least some of the time, and your spouse provides at least occasional supervision for the children when you need to be away from the house, so you aren't really living separate lives for purposes of this rule, even if he doesn't contribute financially.
