Nicholson v. Nicholson

KHOUZAM, Judge.

Elaine J. Nicholson appeals the circuit court’s order awarding her alimony from her husband, Donald Lee Nicholson, unconnected with a dissolution of their marriage. See § 61.09, Fla. Stat. (2014). We reverse only because the circuit court was under the misimpression that it could not consider the husband’s social security benefit as income. In calculating the support amount, the court explained that it “[did] not think it [was] appropriate for this court to award federal social security to the spouse.” But to the contrary; section 61.046(8), Florida Statutes (2014), provides…