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 climatetech startup raises $21.5M series A to grow robotics solution

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A Houston energy tech startup has raised a $21.5 million series a round of funding to support the advancement of its automated technology that converts field wastes into stable carbon.

Applied Carbon, previously known as Climate Robotics, announced that its fresh round of funding was led by TO VC, with participation from Congruent Ventures, Grantham Foundation, Microsoft Climate Innovation Fund, S2G Ventures, Overture.vc, Wireframe Ventures, Autodesk Foundation, Anglo American, Susquehanna Foundation, US Endowment for Forestry and Communities, TELUS Pollinator Fund for Good, and Elemental Excelerator.

The series A funding will support the deployment of its biochar machines across Texas, Oklahoma, Arkansas, and Louisiana.

"Multiple independent studies indicate that converting crop waste into biochar has the potential to remove gigatons of CO2 from the atmosphere each year, while creating trillions of dollars in value for the world's farmers," Jason Aramburu, co-founder and CEO of Applied Carbon, says in a news release. "However, there is no commercially available technology to convert these wastes at low cost.

"Applied Carbon's patented in-field biochar production system is the first solution that can convert crop waste into biochar at a scale and a cost that makes sense for broad acre farming," he continues.

Applied Carbon rebranded in June shortly after being named a top 20 finalist in XPRIZE's four-year, $100 million global Carbon Removal Competition. The company also was named a semi-finalist and awarded $50,000 from the Department of Energy's Carbon Dioxide Removal Purchase Pilot Prize program in May.

"Up to one-third of excess CO2 that has accumulated in the atmosphere since the start of human civilization has come from humans disturbing soil through agriculture," Joshua Phitoussi, co-founder and managing partner at TO VC, adds. "To reach our net-zero objectives, we need to put that carbon back where it belongs.

"Biochar is unique in its potential to do so at a permanence and price point that are conducive to mass-scale adoption of carbon dioxide removal solutions, while also leaving farmers and consumers better off thanks to better soil health and nutrition," he continues. "Thanks to its technology and business model, Applied Carbon is the only company that turns that potential into reality."

The company's robotic technology works in field, picking up agricultural crop residue following harvesting and converts it into biochar in a single pass. The benefits included increasing soil health, improving agronomic productivity, and reducing lime and fertilizer requirements, while also providing a carbon removal and storage solution.

"We've been looking at the biochar sector for over a decade and Applied Carbon's in-field proposition is incredibly compelling," adds Joshua Posamentier, co-founder and managing partner of Congruent Ventures. "The two most exciting things about this approach are that it profitably swings the agricultural sector from carbon positive to carbon negative and that it can get to world-scale impact, on a meaningful timeline, while saving farmers money."

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This article originally ran on EnergyCapital.

Rice University makes top 5 lists of best biz schools in the country

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MBA programs at Rice University’s Jones Graduate School of Business have landed two top five rankings in The Princeton Review’s annual list of the country’s best business schools.

Rice earned a No. 4 ranking for its online MBA program and a No. 5 ranking for its MBA program in finance.

“These rankings are indicative of the high-quality education offered through all of our MBA programs. Students studying finance at Rice … are taught by faculty whose research and expertise enhances core classes and hard skills, so students are not just prepared to be successful in their careers, but they are also prepared to think critically about their roles and to lead in their industry,” Peter Rodriguez, dean of the Jones Graduate School of Business, says in a news release.

“These rankings are also indicative of our broader approach: offering students flexibility in their pursuit of an MBA, while retaining the experience of studying with world-class faculty — no matter what program they choose,” Rodriguez adds.

Rice also achieved high rankings in two other MBA categories: No. 8 for “greatest resources for women” and No. 10 for “greatest resources for minority students.”

The Princeton Review’s 2024 business school rankings are based on data from surveys of administrators at more than 400 business schools as well as surveys of 32,200 students enrolled in the schools’ MBA programs.

“The schools that made our list for 2024 all have impressive individual distinctions,” Rob Franek, The Princeton Review’s editor-in-chief, says in a news release. “What they share are three characteristics that broadly informed our criteria for these rankings: outstanding academics, robust experiential learning components and excellent career services.”

Rice also ranks as the top school for graduate entrepreneurship programs, which Princeton Review released last fall. The University of Houston ranks as No. 1 for undergraduate entrepreneurship programs.

3 Houston innovators to know this week

who's who

Editor's note: Every week, I introduce you to a handful of Houston innovators to know recently making headlines with news of innovative technology, investment activity, and more. This week's batch includes a Houston chemist, a cleaning product founder, and a UH researcher.


James Tour, chemist at Rice University

The four-year agreement will support the team’s ongoing work on removing PFAS from soil. Photo via Rice University

A Rice University chemist James Tour has secured a new $12 million cooperative agreement with the U.S. Army Engineer Research and Development Center on the team’s work to efficiently remove pollutants from soil.

The four-year agreement will support the team’s ongoing work on removing per- and polyfluoroalkyl substances (PFAS) from contaminated soil through its rapid electrothermal mineralization (REM) process, according to a statement from Rice.

“This is a substantial improvement over previous methods, which often suffer from high energy and water consumption, limited efficiency and often require the soil to be removed,” Tour says. Read more.

Kristy Phillips, founder and CEO of Clean Habits

What started as a way to bring natural cleaning products in from overseas has turned into a promising application for more sustainable agriculture solutions. Photo via LinkedIn

When something is declared clean, one question invariably springs to mind: just how clean is clean?

Then it is, “What metrics decide what’s clean and what’s not?”

To answer those questions, one must abandon the subjective and delve into the scientific — and that’s where Clean Habits come in. The company has science on its side with Synbio, a patented cleaning formula that combines a unique blend of prebiotics and probiotics for their signature five-day clean.

“Actually, we are a synbiotic, which is a prebiotic and a probiotic fused together,” says Kristy Phillips, founder and CEO of Clean Habits. “And that's what gives us the five-day clean, and we also have the longest shelf life — three years — of any probiotic on the market.” Read more.

Jiming Bao, professor at University of Houston

Th innovative method involves techniques that will be used to measure and visualize temperature distributions without direct contact with the subject being photographed. Photo via UH.edu

A University of Houston professor of electrical and computer engineering, Jiming Bao, is improving thermal imaging and infrared thermography with a new method to measure the continuous spectrum of light.

His innovative method involves techniques that will be used to measure and visualize temperature distributions without direct contact with the subject being photographed, according to the university. The challenges generally faced by conventional thermal imaging is addressed, as the new study hopes to eliminate temperature dependence, and wavelength.

“We designed a technique using a near-infrared spectrometer to measure the continuous spectrum and fit it using the ideal blackbody radiation formula,” Bao tells the journal Device. “This technique includes a simple calibration step to eliminate temperature- and wavelength-dependent emissivity.” Read more.