Generally, married couples must file a joint return to take the credit. However, if you are legally separated or living apart from your spouse, you may be able to file a separate return and still take the credit.
Legally separated:
You aren't considered married if you are legally separated from your spouse under a decree of divorce or separate maintenance. You may be eligible to take the credit on your return using head of household filing status.
Married and living apart:
You aren't considered married and are eligible to take the credit if all the following apply.
- You file a return apart from your spouse.
- Your home is the home of a qualifying person for more than half the year.
- You pay more than half the cost of keeping up your home for the year.
- Your spouse doesn't live in your home for the last 6 months of the year.
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