Help! I'm married but my spouse and I haven't been together in over 2 years. I have a one year old who isn't his. How can I file so I get the EIC????

[MinhT · Accepted solution]

You are considered unmarried on the last day of the tax year and can file as Head of Household if you meet all the following tests.

1. You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.
2. You paid more than half the cost of keeping up your home for the tax year.
3. Your spouse didn't live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances..
4. Your home was the main home of your child, stepchild, or foster child for more than half the year.
   
5. You must be able to claim an exemption for the child.

From what you described, you pass all the tests. You should file as head of household and claim your child as a dependent.

If your adjusted gross income is less than $39,617, you are eligible for the EIC.