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.

------

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

Ad Placement 300x100
Ad Placement 300x600

CultureMap Emails are Awesome

Houston ranks No. 3 among rising coding markets in U.S.

city code

When you think of coders—the wizards who design, write and test programming languages for software and mobile apps—tech hotbeds like Silicon Valley and Austin might pop into your head.

But Houston has earned a spot on the coding map.

A new study puts the Houston area in third place among the fastest-growing metros for coding in the U.S.

The study, published by coding platform Coddy Tech, ranks Albuquerque, New Mexico, as the top on-the-rise market for coding. San Antonio sits in second place.

Houston earned a “momentum score” of 77 out of 100. The momentum category measured job growth for developers, rising interest in coding as measured by online searches, and growth in hackathon activity.

Here are the 10 fastest-rising U.S. metros for coding:

  • No. 1 Albuquerque, New Mexico
  • No. 2 San Antonio
  • No. 3 Houston
  • No. 4 Jacksonville, Florida
  • No. 5 Cape Coral, Florida
  • No. 6 Columbia, South Carolina
  • No. 7 New York City
  • No. 8 Salt Lake City
  • No. 9 North Port, Florida
  • No. 10 Tampa, Florida

The study analyzed the country’s 75 largest metros “to map where coding has taken hold and where it’s catching fire.” It took into account learning searches, GitHub developer density, job growth, interest in bootcamps and hackathon activity. Only 64 metros were eligible for the ranking of fastest-growing markets.

Austin tops ranking of coding capitals

Coddy crowned Austin the coding capital of the country, with Houston landing at No. 24 in the ranking of the most established coding hubs. San Antonio appeared at No. 16 and Dallas at No. 22.

Here are the top 10 coding hubs:
  • No. 1 Austin
  • No. 2 San Jose, California
  • No. 3 Seattle
  • No. 4 San Francisco
  • No. 5 New York City
  • No. 6 Salt Lake City
  • No. 7 Denver
  • No. 8 San Diego
  • No. 9 Los Angeles
  • No. 10 Raleigh, North Carolina

Why do coders matter?

Without coders, cellphones, laptops, smart TVs and other devices might not work well — or at all. Coding allows people to communicate with these devices, according to ComputerScience.org.

“Since computers do not communicate like humans, coding acts as a translator,” ComputerScience.org explains. “Code converts human input into numerical sequences that computers understand.”

NASA awards Texas Space Commission role in $10M aerospace workforce initiative

space hub

The Texas Space Commission is one of seven organizations tapped by NASA to lead the space agency's new state and regional Skilled Technical Workforce Hubs.

The $10.5 million initiative aims to help foster the next generation of skilled workers in the aerospace industry.

Through the new program, the hubs will work together over the next three years to meet growing industry needs by aligning “industry employers, community colleges, high school career and technical education programs, and workforce systems,” according to a news release from NASA.

It aims to create clear pathways for workers in technical jobs, like welding, electrical work and machining, plus other jobs that require advanced STEM knowledge but do not require a bachelor’s degree.

“The need for technical talent is already urgent and will only continue to grow as we return humanity to the Moon and set our sights on Mars and beyond,” Elaine Ho, associate administrator for the Office of STEM Engagement at NASA, said in the release. “NASA is uniquely positioned to be the catalyst and convener that accelerates America’s aerospace workforce development and fosters the next generation of technicians.”

As part of the initiative, the TSC plans to launch the statewide network known as the Texas Space STEM Alliance (TSSA). According to a TSC release, the TSSA will link up schools, colleges, workforce groups and aerospace companies to build a pipeline for space-industry workers.

Additionally, the TSC is developing the Texas Aerospace Pathways Plus (TAP+) portal to consolidate information on training programs, internships, apprenticeships, employment opportunities and scholarships, while also identifying regional gaps in workforce opportunities.

Other state and regional organizations to receive the award include:

  • Antelope Valley Community College District in Lancaster, California
  • Georgia Tech Research Corporation
  • Minnesota State Colleges and Universities
  • Southern Utah University
  • Space Florida
  • State Board for Community Colleges and Occupation Education, Arapahoe Community College in Littleton, Colorado

The Houston area is home to more than 43,000 aerospace and aviation professionals, according to the Greater Houston Partnership. The Texas Space Commission has been awarded $150 million for 24 projects since being established to increase the state’s space economy in 2023.

The funding for the NASA state hubs comes from NASA’s Office of STEM Engagement through its Next Gen STEM Project.

Amazon's robotaxi service Zoox rolls out in 'sprawling' Houston market

On the Road

Amazon-owned robotaxi ride-hailing service Zoox is zooming into Houston in September, becoming the latest robotaxi operator jockeying for local riders.

Initially, self-driving retrofitted SUVs with safety drivers on board will serve downtown Houston, centrally located tourist hotspots, and certain residential neighborhoods. The SUVs will test Houston roads before Zoox rolls out autonomous robotaxis here, the company says.

Zoox takes Houston for a test drive

At the outset, Zoox says, a limited number of vehicles will be driven by people to gather data about Houston roads.

Zoox test drive Photo courtesy of Zoox

“This helps create a detailed picture of each street, from road geometry to traffic lights,” the company says. “Once we have mapped out an area, we will test autonomous driving capabilities. Safety and operational readiness govern the pace of our rollout.”

Zoox says its robotaxi differs from vehicles operated by other ride-hailing services.

The all-electric robotaxi “is purpose-built for autonomous ride-hailing and designed for riders from day one,” the company says. “It has no traditional driving controls and instead has carriage-style seating, sliding glass doors, and features that let the rider personalize their journey.”

To help manage the fleet, Zoox plans to open a depot in Houston for vehicle charging and maintenance, a representative says via email.

Along with Houston, Zoox is launching this month in San Diego. The ride-hailing service already operates in Austin, Dallas, Atlanta, Las Vegas, Los Angeles, Miami, Phoenix, the San Francisco Bay Area, Seattle, and Washington, D.C.

Zoox breaks into “sprawling” Houston market

Zoox describes Houston as its “most sprawling market to date.”

“Driving here means navigating complex service-road networks, unique merging scenarios, and challenging environmental conditions, including severe heat, heavy rain, and urban flooding,” the company says. “It’s a rigorous test of our technology across geography and terrain.”

Zoox will join two other autonomous ride-hailing services in Houston:

  • Waymo began rolling in Houston in February. Alphabet, the parent company of Google, owns Waymo.
  • Electric vehicle manufacturer Tesla began offering robotaxi services earlier this year.

A third Zoox competitor is arriving within the next year. A partnership comprising rideshare provider Uber, EV manufacturer Lucid, and autonomous technology company Nuro plans to launch a robotaxi service in Houston by mid-2027.

---

This article originally appeared on CultureMap.com.