No, you can't file as head of household because you weren't considered unmarried at the end of the tax year. You're considered unmarried at the end of a tax year only if you're legally separated or your spouse isn't a member of your household for the last 6 months of the tax year.
Your filing status for the year will be either married filing separately or married filing jointly.
- If you use the married filing separately filing status, you can't claim the earned income tax credit or the credit for childcare expenses.
- You may be eligible to claim these credits if you decide to file a joint return with your spouse.