Changing filing status...Should I be worried?

[taxME2518]

I have a child and always filed as head of household.  Years later, I got married and had two children.  We have never filed together, are separated but still legally married, and I continued to file as head of household.  He claims one of our kids and I claim the other, I don't know what he files as, but he is worried about getting into trouble over the filing status now.  Was it legal to file this way over the past few years?  How should we file now?  

[JotikaT2]

It probably was not allowed based upon the information you have given above.

Attached is a bit more information on who can file as Head of Household.  One of the requirements is that your spouse did not live with you during the last six months of the year.

Head of household guide

If you determine that the returns you have filed in the past need to be amended, see the following links to help you.

@taxME2518 see my clarification to the response above

How to amend my return?

Steps for amending returns in TurboTax

[Edited 02/10/20|7:21pm PST]

[dewyane22]

You can file married filing separately u won't get in trouble 

[LeonardS · Accepted solution]

Yes, you were correct (it is legal) to file as head of household.  You do not need to know how your spouse files as it has no impact on how you file  when you qualify for head of household.