If you are indeed the head of the household then yes you may take the tax deduction, however if your spouse asks for the deduction and he is paying support you may want to discuss this with your cpa or attny to be safe. take care. In many instances if all the deductions don't help you any further offering somethign to him is helpful towards settlement and negotiations. take care.
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To file as head of household you hve to be unmarried as of the last day of the year. Read IRS Publication 501 at http://www.irs.gov/publications/p501/ar02.html#en_US_2012_publink1000220775.
There is a nifty application at the IRS websited called the Interactive Tax Assistant, and it will tell you what filing status you qualify for -- http://www.irs.gov/uac/What-is-My-Filing-Status%3F
This answer or response should not be considered legal advice, and does not create an attorney-client relationship. If you have further questions, I would be glad to discuss your situation further. I can be reached at US - (801) 746-6300, or online at -- http://www.lewishansen.com/attorneys/robinson.html