he didnt live with me for over a 6 months out of the year
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It's not just any 6 months, if you are legally marred on December 31 of the tax year, you must have lived apart from your spouse every day since July 1 of the tax year. Normally this is designed for marital separation, but it can sometimes be used for spouses living apart due to military service or incarceration. You also have to provide care in your home for one or more qualifying child dependents.
If you are legally married, the married filing jointly status is almost always the best even if there is a big difference in your incomes. Head of Household is a "make up" status created for spouses who are divorced or separated with kids.
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