It will all go from the point of those rules I told you about. Was the service provided by your husband an essential service for that business (for example)?
In general, I can't be a painter for a painting business and be a subcontractor (or consultant). That is an essential service for that business. However, if an accounting firm hires me to paint the office, then I'm a subcontractor most likely (still has to pass all the tests).
Unfortunately this one can go either way. I would take a look at the rules and try to identify how those services where provided. I am also adding these rules from the Dept of Labor: https://www.dol.gov/agencies/whd/fact-sheets/13-flsa-employment-relationship
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