Divorce is never easy, but here's how to navigate it with your business in mind. Photo via Pexels

We all hoped that, once the pandemic had waned, we would return to a more normal, predictable economy, but it seems that we are confronted now with even more unpredictability in what economists have dubbed the “uncertainty economy.” Very few people are able to choose the best time to divorce on the basis of finances, but the current environment can make evaluating the worth of stock options, a closely held business or even real estate highly challenging.

For one thing, the pandemic itself lingers. Some businesses—bicycle manufacturers and bicycle shops, for instance—experienced boom times during the pandemic. Other businesses—restaurants and businesses at tourist locations, for instance—suffered greatly, limped along, or even closed for good. Now, instead of settling into a steady hum again, our economy is coping with inflation, the rising cost of labor, supply chain tangles, and the ripple effects of the war in Ukraine and sanctions against Russia. The situation is still fluid. What works today may not work well tomorrow. What doesn’t look promising today may be much more successful tomorrow.

In a divorce case in which significant financial assets are involved that are community property, a family lawyer will bring in a trusted professional business or property evaluator—whatever is appropriate for the particular situation. Evaluating a closely held business is often the most difficult issue—more difficult than, say, dividing the value of real estate or stock in a publicly traded company. Three different methods can be applied to a business valuation: the market approach, the income approach, and the asset approach. The business evaluator will judge which to use, singly or in combination.

Much will depend on the ownership agreement as expressed in formation documents, whether the owners be investors, business partners or family members. These documents generally provide in some way for what will occur in the case of a divorce or a death. Generally, co-owners do not want to have to deal with an inexperienced ex-spouse or widow/widower who abruptly becomes part-owner of the business or practice (in the case of a doctor or lawyer in a partnership). The spouse who is in the business also has to consider tax issues and his or her fiduciary duty to other owners. And courts are not allowed to simply give corporate assets or debts to one party or the other in a divorce.

Generally the spouse involved in the closely held business will have three choices available: continue to own the business with the ex-spouse (maybe they already work together and have a decent working relationship), sell the business and divide the profits, or offset the value of the business ownership with other property if other assets are available. In Texas, “personal goodwill” as part of a business is not community property. It attaches to the person who created it. But the business may have “enterprise goodwill”--the value of the business apart from the individual owner--which may be community property.

None of this addresses the issue of the fluidity in the current economy. Divorce agreements can allow for that in the form of contingency agreements. For example, a business owner may be dealing with a specific potential liability. The divorce agreement may provide that, for a given period of time, the business owner is allowed to set aside a certain amount of money to address the liability if it arises. If it does not arise, after a certain period of time, the money will be divided between the two former spouses. Or let’s say a business asset with limited liability or future involvement that is part of community property may be sold in the future. A divorce agreement can provide that, if the asset is sold, the profits will be shared. Clawback provisions can be included, as well, to provide for future adjustments. This will require extraordinary drafting skill.

There is another option as well and that is to wait for more settled times. But the two spouses may have radically opposed views as to the “best” time for the divorce. The spouse who earns less may want to divorce when community property values are at their highest; the other spouse will want to split when community property values are at their lowest. In either case, they would do well to consult experts in family law and business valuation experts before deciding on when to set a divorce in motion.

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Susan Myres is a Houston-based, board-certified family law attorney at Myres & Associates and has over 35 years of experience.

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Houston health orgs lost $58M in canceled, stalled NIH grants, new report shows

research cuts

Seven institutions in the Houston area have lost nearly $60 million in grants from the National Institutes of Health (NIH) that were aimed at funding health research.

The Science & Community Impacts Mapping Project identified 37 cancelled or frozen NIH grants worth $58.7 million that were awarded to seven Houston-area institutions. The University of Texas Medical Branch at Galveston suffered the biggest loss — five grants totaling nearly $44.8 million.

The Harvard University T.H. Chan School of Public Health reported in May that over the previous several months across the U.S., the federal government had terminated roughly 2,100 NIH research grants worth around $9.5 billion.

In August, the U.S. Supreme Court derailed researchers’ efforts to reinstate almost $2 billion in research grants issued by NIH, according to Nature.com.

“Make no mistake: This was a decision critical to the future of the nation, and the Supreme Court made the wrong choice. History will look upon these mass National Institutes of Health (NIH) research grant terminations with shame,” the American Association of Medical Colleges said in a statement. “The Court has turned a blind eye to this grievous attack on science and medicine, and we call upon Congress to take action to restore the rule of law at NIH.”

Texas health researchers rely heavily on NIH grants and contracts. During the federal government’s 2024 budget year, NIH awarded $1.9 billion in grants and contracts that directly supported 30,553 jobs and more than $6.1 billion in economic activity in Texas, according to the United for Medical Research coalition.

Here’s a rundown of the cancelled and frozen NIH grants in the Houston area.

  • University of Texas Medical Branch at Galveston: Five cancelled or frozen grants, totalling approximately $44.8 million in funding lost.
  • Baylor College of Medicine: 17 grants cancelled or frozen, totalling approximately $8 million in funding lost
  • University of Houston. Five cancelled or frozen grants, totalling approximately $3.7 million in funding lost
  • University of Texas Health Science Center Houston: Five grants cancelled or frozen, totaling approximately $1.1 million in funding lost.
  • University of Texas MD Anderson Cancer Center: Two grants cancelled or frozen, totalling $831,581 in funding
  • Rice University. Two grants cancelled or frozen, totaling $254,645 in funding lost
  • Prairie View A&M University: One grant cancelled or frozen, totalling $31,771 in funding lost

Magnolia milkshake shop blends up a sweet partnership with Comcast Business

Treat Takeover

Comcast Business (CB) powers businesses of every size with fast and reliable phone, mobile, internet, cybersecurity, and television services. Houston’s local CB team also stands behind entrepreneurs and small businesses, knowing they’re the heart of thriving communities: driving growth, sparking innovation, and creating jobs close to home.

Magnolia hometown favorite Chill Milkshake and Waffle Bar was the site of Comcast Business’ latest road trip to treat customers to a cool and refreshingly free treat, picking up the tab for several hours for nearly 200 customers.

Chill Milkshake and Waffle Bar, Magnolia Surprise! Your order is free.Photo courtesy of Comcast Business

“We aren’t just about products and services, we are about building partnerships in our community and playing a supporting role, it means the world to us,” says Heather Orrico, vice president of Comcast Business in Texas.

Chill Milkshakes and Waffle Bar, located at 6606 FM 1488 Rd., Suite 110 in Magnolia, opened in December 2020 and has been a Comcast Business customer for the last two years.

Who would’ve thought you’d need WiFi to serve milkshakes and waffles? Technology runs almost every part of the business.

“In a world where people rarely carry cash anymore, we have to be able to process payments electronically and promptly. Otherwise, the day stops. Nobody wants that,” says owner Jeanie Rosett. “We count on WiFi to efficiently complete transactions and guest payments, process online orders, and keep our music lively.”

It's no surprise that Chill’s array of flavors and dedication to making the perfect milkshake (along with waffles and sandwiches) have earned them the title of best milkshake in Texas by USA Today, followed by ranking sixth-best milkshake in the nation by Travel + Leisure.

Chill’s family environment creates a space where everybody can hang out, or the kids can come on their own and parents feel they are safe. “Good WiFi keeps them connected,” says store manager Laura Mabery. “We also have people who stop in with their laptop, have a hotdog and a shake while continuing to work. We live in a world that needs to be connected! You can do that at Chill-Magnolia.”

Comcast Business A sticker in the window lets everyone know.Photo courtesy of Comcast Business

While Mabery and Rosett appreciate the upgrade in customer service and reliability that was missing from their previous service provider, they were honored and pleasantly surprised to be selected for the recent Comcast Business “take over.”

“It's reassuring to know that our internet needs are taken care of, but that Comcast Business also supports us as a hometown commodity,” says Mabery. “And a free Chill milkshake...what's not to love about that?"

Houston robotics co. unveils new robot that can handle extreme temperatures

Hot New Robot

Houston- and Boston-based Square Robot Inc.'s newest tank inspection robot is commercially available and certified to operate at extreme temperatures.

The new robot, known as the SR-3HT, can operate from 14°F to 131°F, representing a broader temperature range than previous models in the company's portfolio. According to the company, its previous temperature range reached 32°F to 104°F.

The new robot has received the NEC/CEC Class I Division 2 (C1D2) certification from FM Approvals, allowing it to operate safely in hazardous locations and to perform on-stream inspections of aboveground storage tanks containing products stored at elevated temperatures.

“Our engineering team developed the SR-3HT in response to significant client demand in both the U.S. and international markets. We frequently encounter higher temperatures due to both elevated process temperatures and high ambient temperatures, especially in the hotter regions of the world, such as the Middle East," David Lamont, CEO of Square Robot, said in a news release. "The SR-3HT employs both active and passive cooling technology, greatly expanding our operating envelope. A great job done (again) by our engineers delivering world-leading technology in record time.”

The company's SR-3 submersible robot and Side Launcher received certifications earlier this year. They became commercially available in 2023, after completing initial milestone testing in partnership with ExxonMobil, according to Square Robot.

The company closed a $13 million series B round in December, which it said it would put toward international expansion in Europe and the Middle East.

Square Robot launched its Houston office in 2019. Its autonomous, submersible robots are used for storage tank inspections and eliminate the need for humans to enter dangerous and toxic environments.

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This article originally appeared on EnergyCapitalHTX.com.