No. You won't qualify if your filing status is Married Filing Separately. You were not legally separated on 12/31/21. You would need to file as Married Filing Jointly or Head of Household. The problem you will have with Head of Household is that you are only considered single (and therefore eligible to claim the credits) if you lived apart from your spouse for the last 6 months of the year.
To qualify for and claim the Earned Income Credit you must:
- Have earned income; and
- Have been a U.S. citizen or resident alien for the entire tax year; and
- Have a valid Social Security number (not an ITIN) for yourself, your spouse (if filing jointly), and any qualifying children on your return; and
- Not have investment income exceeding $10,000; and
- Not be filing a Form 2555 or 2555-EZ; and
- File a return with the Single, Married Filing Jointly, Head of Household, or Qualifying Widower filing status, even if you're not required to file a return. Note - MFS returns do not qualify for the credit.
Do I qualify for Head of Household?
The link above explains how you can be married and still qualify. However, you would need to have lived apart from your spouse from July 1 - Dec 31 of the tax year.
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