In some states, divorce courts separate "enterprise goodwill" (a marital asset) from "personal goodwill" (non-marital). This means a business's divisible value could be far less than its market sale price, a crucial and counterintuitive distinction for entrepreneurs.
In a divorce, a social media following isn't split between partners. Instead, a creator's account is typically held within a corporate entity. While the entity itself is a marital asset and its generated income is divisible, the account and its followers remain with the creator, as they are part of the business.
Two businesses with identical revenue and profit can have vastly different valuations. A company that runs independently is a valuable, sellable asset with a high multiple. One that requires the owner's constant involvement is just a high-stress job, with wealth accumulating only through taxed personal income.
A common early mistake is for couples to try settling terms amicably before involving professionals. The spouse with less financial information often makes critical concessions without understanding their rights or the true value of the assets, leading to inequitable outcomes.
Dividing complex assets like retirement accounts or business interests can create long-term financial entanglements with an ex-spouse. A better strategy can be bartering these future assets for simpler, immediate ones like cash to achieve a clean financial break.
Instead of battling over individual assets, couples should first negotiate the overarching ratio of their post-divorce living standards (e.g., 1:1 after a long marriage). This principle-based agreement provides a clear framework for dividing assets and support, preventing fights over minor items.
Many founders focus on generating personal income, inadvertently creating a job they can't leave or sell. To build a true business asset, you must define an end goal (like a sale) from the beginning and structure operations, processes, and financials accordingly.
A $33M exit sounds huge, but Scott Galloway only took home $2-3M. This was because he owned just 20-30% of the company and had to split proceeds with his ex-wife. It's a powerful reminder that founder equity and personal circumstances, not the sale price, determine the actual take-home amount.
A profitable business that requires the founder's constant involvement is just a high-paying job, not a valuable asset. Enterprise value, which makes a business sellable, is only created when systems and employees can generate profit independently of the founder's direct labor.
When Kevin attempted to buy the company he built, his partner inflated the valuation. The partner knew Kevin was emotionally invested and understood the business's true potential, using that knowledge as leverage to demand an overpayment, a common tactic in internal buyouts.
Divorce can be financially devastating, potentially erasing decades of wealth through legal fees and asset division. Therefore, choosing a life partner is not just an emotional decision but a crucial financial one. Ensuring financial compatibility and considering a prenuptial agreement are vital risk management strategies.