Are you sure it's still forbidden?  Not enough info in your original post to know if it's allowed or not.  There have been a few tax law changes that apply in 2021 . . .

https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/who-qualifies-for-the-ea...

"In 2021, to qualify for the EITC, you can use one of the following statuses:

Married filing jointly
Head of household
Qualifying widow or widower
Single
Married filing separate

You can claim the EIC if you are married, not filing a joint return, had a qualifying child who lived with you for more than half of 2021, and either of the following apply.

You lived apart from your spouse for the last 6 months of 2021, or
You are legally separated according to your state law under a written separation agreement or a decree of separate maintenance and you didn't live in the same household as your spouse at the end of 2021."