I would certainly consider it. The IRS can take your refund if you file married filing jointly.
Your spouse may receive a notice that the IRS still has an offset against his account. However, the IRS and/or the student loan administrator may or may not have your current mailing address.
You can contact Department of Treasury’s Financial Management Service at 1-800-304-3107 to see whether there is an offset against your husband. I do not know how willing they will be to talk to you about his account.
If you file married filing jointly, you should certainly explore the Injured Spouse option. Form 8379 lets the injured spouse get back your portion of a jointly-filed refund if it is seized or offset to pay your spouse’s debt.
An executive order could work to your advantage. But if this year is like last year, things move very quickly and it is difficult to keep on top of each and every issue.
See here and here and here.
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