Overview

The marital and family legal challenges facing individuals, families and their financial interests are unique. These personal matters require the same degree of sophisticated analysis as business matters. We provide individualized representation to the particular needs of each client by providing a thorough and straightforward analysis of their entitlements and obligations, and by being responsive to their specific goals.

We focus on representing high-income, significant-net-worth clients in all facets of marital and family law. We offer experienced counsel in negotiating and drafting prenuptial, postnuptial, and marital settlement agreements, as well as handling complex divorces, paternity matters and disputes that cross state and international borders. 

Marital and family matters invariably touch virtually every aspect of clients’ lives, including business/asset valuation, estate and tax planning, real estate and personal investment portfolios. Of paramount importance when representing parents with minor children, is working proactively to reach a result in the children’s best interest. Our group is focused on pursuing favorable, expeditious results through alternative dispute resolution techniques including direct negotiation, mediation, and when necessary, in court. We have the resources, including the in-house knowledge of various practice groups within the firm, to guide clients through these multifaceted matters. In addition, we know when to call upon professionals and disciplines, including financial forensic experts, when required to best support our clients’ interests.

While resolution of family disputes is preferred, when court intervention is indicated, we have experienced trial lawyers to effectively advocate on behalf of our clients.

Prenuptial and Postnuptial Agreements

Events leading to formalization of a marriage, and marriage in and of itself, can be stressful. When the creation of a pre-marital economic agreement is added to the mix, this can enhance the stress. Individuals who have existing pre-marital assets, a history of substantial earnings, or who are destined to benefit from family gifting and/or inheritances, are often justified in attempting to come to a mutual understanding as to how their assets and income are to be treated should their relationship not succeed. An agreed-upon allocation of income and assets may promote long-term tranquility and peace of mind.

We understand how to best address issues that are unique to the negotiation and drafting of prenuptial and postnuptial agreements, including multi-generational planning, with an eye toward creating a structure which allows our clients to focus on making their relationship a success.

High Profile Matters

Our team has decades of experience handling the particular legal needs, rights and responsibilities of high-profile, high-income and high-net-worth individuals. There are often issues that are unique to persons of financial means, including economic and privacy concerns. We understand the balance needed between the desire to avoid disclosure to outsiders and the necessity for a full and fair exchange of pertinent information when it relates to substantial income earners and high-net-worth families. Our professionals possess the knowledge of accounting and financial concepts, which provide the tools required to navigate the varied, complex marital and family issues facing high-net-worth individuals.

Division of Property (Equitable Distribution) including Valuation Issues

Identifying, valuing, evaluating and crafting a plan to distribute marital and non-marital assets and liabilities is the foundation of devising a fair and equitable distribution of the marital estate. Valuation often takes on critical importance. While some valuation issues are straightforward, others, such as the valuation of closely held business interests, can be quite complex. Our Marital & Family practice possesses the experience required to navigate the challenges presented by a wide range of complex asset valuations, enabling productive collaboration with business valuation experts, forensic accountants, tax advisors, real property appraisers, probate and estate planning professionals, and specialized investment professionals. 

Alimony, Spousal Support and Maintenance

There is no one size fits all solution to alimony awards. Each individual household is unique. Analysis of historical need as well as the evaluation of earned and passive income are necessary components of making alimony determinations. We carefully evaluate sources of income, including employment income, perquisites, benefit packages, anticipated cash flow from investments, and other income sources available to the household. This analysis, coupled with a study of historical lifestyle and spending, provides the confidence needed to make educated support related decisions. 

Parenting Plans

The best interests of the children, in determining the rights of parents, whether wed or unwed, is the guiding principle when establishing schedules for each parent to enjoy time with their children. Parenting plans are created, tailoring the specific needs the children may have. In addressing these issues, we work proactively, always with a view toward avoiding conflicts before they arise. When needed, we have the experience to bring children’s issues to court, including disputes related to time sharing, decision making, financial support and relocation. 

Interstate and International Divorce

Successful entrepreneurs and high-net-worth individuals often live and conduct business across state and international borders. It is not uncommon for families to have estates which include active multi-state and international enterprises. Oftentimes, these interests involve multi-generational estate planning and complicated family holdings. This dynamic often raises complex children issues in addition to financial issues. We are able to draw upon the experience of our team in addressing the legal, financial and children related issues which confront interstate and international families.

Paternity

Bringing and defending claims of paternity, while addressing the delicate, sensitive and confidential issues inherent in these types of cases, requires effective, experienced representation.  The relationship status of parents to one another, and to others, often generates issues that require creative solutions. Entitlement to child support, time sharing and shared parenting, whether by agreement or otherwise, are carefully evaluated.  Our group is committed to helping our clients navigate through the paternity process, providing candid evaluation and advice, empowering them to make well-informed decisions.


What Our Clients Say

The attorneys of Stearns Weaver who practice in the family/matrimonial area are highly skilled, ethical, and competent. They work to raise the bar of professionalism.

Chambers High Net Worth 2023

The team is very organized and responsive, so it is very easy to work with them. The whole team is on top of things…They have demonstrated an ability to handle any matter in their field in an exceptional way.

Chambers High Net Worth 2024

They have decades of client-focused legal services.

Chambers High Net Worth 2021

What Makes Us Different

Certifications

  • Barry Wayne
    • Florida Bar Board Certified in Marital and Family Law (only 5% of eligible members certified)
    • Board Certified as a Family Trial Advocate by the National Board of Trial Advocacy (only 3% of American lawyers board certified
  • Lindsay Gunia
    • Florida Supreme Court Certified Family Mediator
  • Lindsay Gunia and Cyril Moody
    • Members of the Collaborative Family Law Institute, trained in the collaborative process

Leadership

  • Barry Wayne
    • Prior Chair and Vice-Chair of the Florida Bar Marital and Family Law Board Certification Committee
  • Lindsay Gunia
    • Executive Council of the Family Law Section of the Florida Bar, Co-Chair Equitable Distribution Committee and Rules and Forms Committee; Former Co-Chair, Publications Committee; Former Vice – Chair, Alternative Dispute Resolution (ADR) Committee
  • Cyril Moody
    • First Family Law American Inn of Court, Board of Directors

Recognition

  • Chambers High Net Worth Rankings
  • Barry Wayne
    • Forbes Advisor “Best Divorce Lawyers in Miami”, 2024
    • Miami Dade Bar Circle of Excellence Award, Family Law, 2023
    • Best Lawyers in America  “Lawyer of the Year” for Family Law in Miami in 2020 and 2024
  • Lindsay Gunia
    • Recipient of the Spotlight Award in 2020 and the Above and Beyond Award in 2023 for the Family Law Section of the Florida Bar

Team

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