Can me and my husband both file 2024 tax return as Head of Household?

[taxquestion2024]

We are still legally married during the whole year 2024, but we are not living together for the whole year. 

I am living with our two dependent kids for the whole year and paying all their expense.

My husband is living in a different house with his disabled mother and taking care of her and paying all his mother's house and living expense.  Her mother has about 500 social security income each month and no other income. 

Can i file 2024 tax return as Head of Household, for living and taking care of our two dependent kids?

Can my husband also filing 2024 tax return as Head of Household, for living in a different house and taking care of his disabled mother?

but we are still legally married.

[MinhT1]

Yes, if you have lived apart at least in the last 6 months of 2024.

Filing as Head of Household will result in less tax and more refund, as your income will fall in lower tax brackets and you will have a higher standard deduction.

There are conditions to satisfy in order to file as Head of household. You must:

• Pay for more than half of the household expenses
• Be considered unmarried on the last day of the tax year, and
• You must have a qualifying child or dependent.

Please read this TurboTax article for more information.

[taxquestion2024]

the problem is me and my husband are still legally married now. can we both file as head of household ?

[MaryK4]

You may be able to both claim Head of Household- you are considered unmarried if you did not live in the same household for any time in the last six months in the year BUT if it is for a TEMPORARY ABSENCE (he intends to return to your household) neither can use Head of Household.  (The considered unmarried is for situation where the marriage is over or ending except for the legal technicality of the divorce or separation.)  See Considered Unmarried.  @taxquestion2024