That depends on who is suing your husband. Only federal and state agencies can garnish your federal tax refund. If he is being sued by a federal (including student loans), or state agency (including child support) then you can file an injured spouse form to stop them from taking your portion of the refund.
You can find the injured spouse form in TurboTax by clicking on Other Tax Situations>>>Other Tax Forms>>>Start, next to Report and injured or innocent spouse claim. This form will need to be printed and mailed. It cannot be e-filed with your return.
If he is being sued by a creditor like a credit card company, they cannot garnish your federal refund.
https://turbotax.intuit.com/tax-tips/tax-payments/who-can-garnish-an-income-tax-refund/L7cPPzDyc
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