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Yes.If you were still legally married as of December 31, you are both considered unmarried (and therefore eligible for Head of Household) if all 5 of these conditions apply:
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.
Also, if one spouse doesn't qualify to be "considered unmarried", their only filing status option is Married Filing Separately.
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