This is what TurboTax informs: If you were still legally married as of December 31, you are considered unmarried (and therefore eligible for Head of Household) if all 5 of these conditions apply: You won't be filing jointly with your spouse; and Your spouse didn't live in your home after June (temporary absences due to illness, school, vacation, business, or military service don't count); and Your home was your child's, stepchild's, or foster child's main home for more