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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Here's how much it takes to earn a top 1 percent salary in Texas

wealthy lifestyle

With two Houston-area neighbors cashing in among the most wealthy suburbs in America, Houstonians may be wondering how much money they need to make to secure a place in the top one percent of earners. According to a new study from SmartAsset, the pre-tax salary required to be considered one of the highest earners in Texas amounts to $762,090 in 2024.

Texas has the 14th highest pre-tax salary needed to be considered in the top one percent of earners in the U.S. for the second year in a row. Texas' income threshold is not too far off from the national average, which is $787,712.

The study further revealed 126,128 Texans are within the top one percent of earners. For more context, the U.S. Census Bureau says over 30 million people lived in Texas as of 2022, and Houston's population grew to 2.3 million people in 2023.

Connecticut continues to lead the nation with the highest income threshold required to be in the top one percent, with residents needing to make over $1.15 million pre-tax.

To determine the income needed to be in the top one percent of earners in each state, SmartAsset analyzed 2021 IRS data for individual tax filers, which is the most recent year where data was available. Income data was then adjusted to June 2024 dollars.

Compared to SmartAsset's 2023 report, Texans now need to make $130,241 more in 2024 to maintain their status as one of the highest earners in the state. Last year, the income threshold was $631,849.

If Houstonians aim to be within the top five percent of earners in Texas, the pre-tax income threshold is drastically lower, at $280,676. However, for many Houston residents, achieving even a "middle class" status means making between $40,280 and $120,852 a year.

Meanwhile, the study says the median income in the U.S. comes out to roughly $75,000, and half of Americans are making even less than that. The income disparity is plainly obvious when high-income earners make (at a minimum) 10 times more than the national median income.

The report goes on to say top-earning Americans make up a "disproportionately large part of the tax base," as their income results in paying a 37 percent federal tax bracket rate. (That is, if these high earners are even paying taxes in the first place, considering America's wealthiest are already evading over $150 billion a year in taxes.)

"While state and local level taxes may impact the spread of high earners in those areas, the cost of living can also be drastically different nationwide," the report said. "As a result, what it takes to be considered a top one percent income earner can differ by over $500,000 from state to state."

The top 10 states with the highest thresholds to be considered in the top one percent of earners in the U.S. are:

  • No. 1 – Connecticut ($1,152,254)
  • No. 2 – Massachusetts ($1,113,662)
  • No. 3 – California ($1,035,673)
  • No. 4 – Washington ($989,649)
  • No. 5 – New Jersey ($975,645)
  • No. 6 – New York ($965,645)
  • No. 7 – Colorado ($865,700)
  • No. 8 – Florida ($852,206)
  • No. 9 – Wyoming ($843,121)
  • No. 10 – New Hampshire ($811,098)
The full report can be found on smartasset.com

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This article originally ran on CultureMap.

Houston hospitals recognized as best in state, nation in annual report

better than all the rest

Houston’s University of Texas MD Anderson Cancer Center has retained its U.S. News & World Report crown as the best cancer hospital in the U.S.

In the same ranking, Houston Methodist Hospital once again came out on top as the best hospital in Texas. Last year, the hospital shared the top spot. Baylor St. Luke’s Medical Center ranked No. 4, followed by No. 5 Memorial Hermann Hospital.

The accolades appear in U.S. News2024-25 ranking of the country’s best hospitals. Each hospital also ranked among various specialties, such as orthopedics; cardiology, heart, and vascular surgery; cancer; and neurology and neurosurgery.

Since U.S. News introduced its annual hospital survey in 1990, MD Anderson has been ranked one of the two best U.S. hospitals for cancer care. It has maintained its No. 1 ranking for 10 consecutive years.

“At MD Anderson, our mission is clear: to end cancer,” Dr. Peter WT Pisters, president of MD Anderson, says in a news release. “This ranking reflects our relentless commitment to excellence in patient care, research, prevention, and education.”

MD Anderson also ranked highly in three specialties:

  • No. 2 for ear, nose, and throat.
  • No. 9 for urology.
  • No. 14 for gastroenterology and GI surgery.

“The consistent top national recognitions [that] MD Anderson receives for delivering compassionate, evidence-based care is a testament to our dedication to those we serve,” Pisters says.

Elsewhere at the Texas Medical Center, Houston Methodist Hospital was named the No. 1 hospital in Texas for the 13th year in a row. Also, it was lauded as one of the country’s 20 best hospitals for the eighth time.

Along with the general ranking, Houston Methodist Hospital scored high marks in 10 specialties. These include diabetes and endocrinology (No. 6), gastroenterology and GI surgery (No. 7), and pulmonology and lung surgery (No. 8).

Meanwhile, four Houston Methodist community hospitals ranked well in Texas:

  • Houston Methodist The Woodlands Hospital (No. 8).
  • Houston Methodist Sugar Land Hospital (No. 9).
  • Houston Methodist Baytown Hospital (tied at No. 18).
  • Houston Methodist Willowbrook Hospital (tied at No. 23).