Can you file as head of household when separated, not divorced, when claiming one child as a dependant?

My son and daughter-in-law are separated and have been for over a year.  They have three children and He had the children for half of the year.  She is claiming the two girls and he is claiming the son.  Can my son file as head of household?  He will be claiming his son as a dependent.
    Cancel
    Yes, it sounds like HOH may be an option. 

    Here are the requirements for filing HOH.

    A.  To claim head of household you have to be unmarried or to be considered unmarried. You are considered unmarried on the last day of the tax year if you meet all the following tests:
    1. You file a separate return.
    2. You paid more than half the cost of keeping up your home for the tax year.
    3. Your spouse did not live in your home during the last 6 months of the year.
    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. However you can meet this test if you cannot claim the exemption only because the noncustodial parent can claim the child.

    B. You paid more than half the cost of keeping up a home for the year.

    C. A "qualifying person" lived with you in the home for more than half the year (except for temporary absences, such as school). However if the "qualifying person" is your dependent parent, he or she does not have to live with you.

    • I have been seperated not divorced and i filed head of household w 2 dependents. all got approved and refund is coming this week.... good luck ;)
    Cancel
    Contribute an answer

    People come to TurboTax AnswerXchange for help and answers—we want to let them know that we're here to listen and share our knowledge. We do that with the style and format of our responses. Here are five guidelines:

    1. Keep it conversational. When answering questions, write like you speak. Imagine you're explaining something to a trusted friend, using simple, everyday language. Avoid jargon and technical terms when possible. When no other word will do, explain technical terms in plain English.
    2. Be clear and state the answer right up front. Ask yourself what specific information the person really needs and then provide it. Stick to the topic and avoid unnecessary details. Break information down into a numbered or bulleted list and highlight the most important details in bold.
    3. Be concise. Aim for no more than two short sentences in a paragraph, and try to keep paragraphs to two lines. A wall of text can look intimidating and many won't read it, so break it up. It's okay to link to other resources for more details, but avoid giving answers that contain little more than a link.
    4. Be a good listener. When people post very general questions, take a second to try to understand what they're really looking for. Then, provide a response that guides them to the best possible outcome.
    5. Be encouraging and positive. Look for ways to eliminate uncertainty by anticipating people's concerns. Make it apparent that we really like helping them achieve positive outcomes.
    Cancel