Married Persons Who Live ApartEven if you were not divorced or legally separated at the end of the year, you are considered unmarried if all of the following apply:
You are considered unmarried for head of household filing status if your spouse was a nonresident alien at any time during the year and you do not choose to treat him or her as a resident alien. To claim head of household status, you must also meet Test 1 or Test 2 on page 13 of Form 1040 instructions.