To claim Head of Household, you need to be considered unmarried and then yes, you could remove your husband's information from your income tax return.
If you were still 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; and
- Your spouse didn't live in your home after June (temporary absences due to illness, school, vacation, business, or military service don't count); and
- Your home was your child's, stepchild's, or foster child's main home for more than half the year; and
- You paid more than half the costs of keeping up your home during the tax year; and
- 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.
You can also be "considered unmarried" for Head of Household if your spouse was a nonresident alien at any time during the tax year and you're not treating them as a resident alien.
Married filers who are "considered unmarried" cannot file with Head of Household status if their dependent is somebody other than a child, for example a parent.
If you do not qualify to file as Head of Household, you cannot remove your husband's information from your income tax return and should file Married Filing Separately.
