Separated in oct. of '09,want to file separately because I can't trust him to give me my part of the refund.am I eligible for eitc or head of houehold? $9000 income for me.

You can not file as HoH because you are still legally married, and did not live apart for at least the last 6 months of 2009, so you can not be considered to be "essentially unmarried." So you must file as either Married Filing Jointly or Married Filing Separately. If you file as MFS, you cannot talke the Earned Income Tax Credit.