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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Innovative Houston nonprofit partners with county organization to provide maternal health services

TEAM WORK

PUSH Birth Partners, a Houston-based maternal health nonprofit, is teaming up with the Harris County Public Health Department to provide doula services for over 200 pregnant people free of cost.

Jacqueline McLeeland, CEO and founder of PUSH, says the program will begin in August and aims to improve maternal health and birth outcomes for vulnerable populations. McLeeland says the organization has built up a strong doula training program through their collective in partnership with March of Dimes and several local doula organizations.

McLeeland says PUSH aims to address poor maternal health outcomes for women of color in part by training more doulas of color who can help reduce racial disparities in care. A 2021 study by Harris County Public Health found Precinct 1, which is predominantly composed of people of color, had the highest maternal mortality rate of the county.

Through their collective, PUSH has trained two cohorts of doulas through an integrated care model, focused on providing collaborative care with medical providers in the healthcare system.

“Our programs are designed to advance health equity, we see the numbers, we see that women of color, specifically Black women in that group are disproportionately impacted,” McLeeland tells InnovationMap.

After receiving a $100,000 grant from the Episcopal Health Foundation in 2023, PUSH began their doula expansion program in Houston and they have since received an additional grant from EHF for the next fiscal year. McLeeland shares PUSH has also launched a pilot program called Blossoming Beyond Birth, sponsored by the Rockwell Fund, targeted towards improving maternal mental health through weekly support groups in Houston.

“It’s very exciting to know that we have come this far from where we started and to see how everything is coming together,” McLeeland shares.

Jacqueline McLeeland serves as chief executive and founder of non-profit PUSH Birth Partners who has trained and collaborated with a network of doulas for the partnership. Photo courtesy of Jacqueline McLeeland

For McLeeland, improving maternal health outcomes and providing support to people experiencing high-risk pregnancies are deeply personal goals. McLeeland has sickle cell anemia, a condition that can cause serious complications during pregnancy. During her first pregnancy in 2015, McLeeland was placed on bed rest two months before her due date at which point she had been working in clinical research within the pharmaceutical industry for over 12 years.

“People don’t realize the magnitude of what women go through, during pregnancy and after,” McLeeland says. “There’s a lot of emotional, psychological, and physical tolls depending on how the pregnancy and delivery went.”

After giving birth to her first child, McLeeland took maternity leave, during which she began to research maternal morbidity and mortality trends, information which she says was not widely discussed at the time.

McLeeland says entering the maternal healthcare field felt like a necessity following her second pregnancy. Several months after giving birth to her second child, McLeeland says she received a bill for a surgical procedure that was performed during her cesarean section without her or her husband’s consent. McLeeland says that was the first time she was made aware of the surgery.

“The procedure that was claimed to have been performed could have put my life in jeopardy by hemorrhaging based off of additional research I did once, I came across that information,” McLeeland explains. “These are some of the things that happen in the healthcare system that make people skeptical of trusting in the healthcare system, trusting in doctors.”

McLeeland says the key to improving maternal and birth outcomes for vulnerable populations is to encourage the partnership between doulas, community healthcare workers, and physicians and hopes to further this collaboration through future programming.

Houston-based clean energy site developer raises $300M to decarbonize big tech projects

fresh funding

Houston energy executives have started a new company dedicated to developing clean-powered infrastructure for the large electric loads.

Cloverleaf Infrastructure, dually headquartered in Houston and Seattle, Washington, announced its launch and $300 million raised from NGP and Sandbrook Capital, two private equity firms. The company's management team also invested in the company.

As emerging technology continues to grow electricity load demand, Cloverleaf has identified an opportunity to develop large-scale digital infrastructure sites powered by low-carbon electricity.

"The rapid growth in demand for electricity to power cloud computing and artificial intelligence poses a major climate risk if fueled by high-emission fossil fuels," David Berry, Cloverleaf's CEO, says in a news release. "However, it's also a major opportunity to catalyze the modernization of the US grid and the transition to a smarter and more sustainable electricity system through a novel approach to development.

"Cloverleaf is committed to making this vision a reality with the support of leading climate investors like Sandbrook and NGP."

Berry, who's based in Houston, previously co-founded and served as CFO at ConnectGen and Clean Line Energy Partners, clean energy and transmission developers. Last year, he co-founded Cloverleaf with Seattle-based Brian Janous and CTO Jonathan Abebe, who most recently held a senior role at the United States Department of Energy. Nur Bernhardt, director of Energy Strategy at Microsoft who's also based in Seattle, rounds out the executive team as vice president.

"The large tech companies have become dominant players in the electricity sector, and they are genuinely determined to power their growth with the lowest possible emissions," Janous, who serves as chief commercial officer, says in the release. "Achieving this objective doesn't depend on disruptive new technologies as much as it does on dedicated teams working hand in hand with utility partners to maximize the use of the clean generation, storage, and other technologies we already have."

Cloverleaf will work with regional U.S. utilities and data center operators to provide clean electricity at scale through strategic investments in transmission, grid interconnection, land, onsite power generation, and electricity storage, per the release.

"The sustainable development of digital infrastructure at scale is fundamentally a technical power problem," Alfredo Marti, partner at Sandbrook, adds. "We have witnessed members of the Cloverleaf team effectively address this challenge for many years through a blend of creativity, specialized engineering, a partnership mindset, and astute capital deployment."

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This article originally ran on EnergyCapital.

Houston resilience tech innovator proves out platform amid Hurricane Beryl

HOUSTON INNOVATORS PODCAST EPISODE 245

Earlier this month, Ali Mostafavi got an unexpected chance to pilot his company's data-backed and artificial intelligence-powered platform — all while weathering one of Houston's most impactful storms.

Mostafavi, a civil and environmental engineering professor at Texas A&M University, founded Resilitix.AI two years ago, and with the help of his lab at A&M, has created a platform that brings publicly available data into AI algorithms to provide its partners near-real time information in storm settings.

As Hurricane Beryl came ashore with Houston on its path, Mostafavi says he had the opportunity to both test his technology and provide valuable information to his community during the storm.

"We were in the process of fine tuning some of our methods and algorithms behind our technology," Mostafavi says on the Houston Innovators Podcast. "When disasters happen, you go to activation mode. We put our technology development and R&D efforts on hold and try to test our technology in an operational setting."

The platform provides its partners — right now, those include local and state organizations and emergency response teams — information on evacuation reports, street flooding, and even damage sustained based on satellite imagery. Mostafavi says that during Beryl, users were wondering how citizens were faring amid rising temperatures and power outages. The Resilitix team quickly pivoted to apply algorithms to hospital data to see which neighborhoods were experiencing high volumes of patients.

"We had the ability to innovate on the spot," Mostafavi says, adding that his own lack of power and internet was an additional challenge for the company. "When an event happens, we start receiving requests and questions. ... We had to be agile and adapt our methods to be responsive. Then at the same time, because we haven't tested it, we have to verify that we are confident (in the information we provide)."

On the episode, Mostafavi shares how Hurricane Harvey — which occurred shortly after Mostafavi moved to Houston — inspired the foundation of Resilitix and how Houston is the ideal spot to grow the company.

"We are very excited that our company is Houston based," he says. "We should not be just ground zero of disasters. We have to also be ground zero for solutions as well. I believe Houston should be the hub for resilience tech innovation as it is for energy transition.

"I think energy transition, climatetech, energy tech, and disaster tech go hand in hand," Mostafavi continues. "I feel that we are in the right place."