When the founder of a
successful swimwear manufacturing company and his wife divorced several years
ago, they turned not to high-priced divorce attorneys to divide their family
business, but to a financial advisor in order to save it. The couple devised a
plan to share ownership of the company after their divorce. And although Dan
Genter, president and CEO of RNC Genter Capital Management in Los Angeles,
worried about the scheme’s long-term viability, he knew that, in theory, it was
their best option.
Genter crafted a co-ownership agreement out of necessity
because most of his clients’ capital was in the $15 million firm. An acrimonious
battle over dividing this valuable asset would have jeopardized the entire
business. Still, the plan’s success hinged on a greater challenge for the
couple: the ability to overcome their differences and cultivate a civil business
partnership after severing their personal one. Too often, Genter sees a divorce
sour communications, which leads to poor business and investment decisions based
on resentment and anger. "The biggest mistake we see is when someone is
embittered and decides to sell out of everything," Genter says.
Many divorcing couples intend to maintain a convivial
relationship after dissolution of marriage, but intense negotiations and
emotional pain often lead to lasting acrimony—particularly in entrepreneurial
families whose personal and business affairs are complicated and interlinked.
Fear and anger can drive some spouses to rush through negotiations in an attempt
to end agonizing debates as quickly as possible. Teresa Dentino, founder of
theFinancial411 and a financial consultant in Woodside, Calif., coaches affluent
women through the financial analysis associated with divorce. She urges them to
slow down. "It’s the biggest financial transaction most women will ever make in
their lifetime in a high-net-worth situation," Dentino says.
The first step involves education. Dentino encourages her
clients to track their family finances. Many times, the so-called nonmoneyed
spouse lacks knowledge about household income, assets and even expenses. This
creates problems for everyone because the nonmoneyed spouse may suspect the
spouse is hiding assets. "If you don’t know, you’re negotiating in the dark,"
she says.
One of Dentino’s clients, the wife of a CEO, knew her husband
earned a substantial income that supported overseas vacations and well-appointed
homes. But she had no idea that they were worth $14 million, Dentino recalls.
Such lack of information often contributes to a fear among affluent women that
they will become bag ladies, Dentino says. She helps them overcome this anxiety
by estimating their postdivorce costs and establishing a dollar range—from a
baseline amount that would cover necessities to a top-line number representing
everything the client wants. Parsing these numbers builds confidence and helps
during negotiations.
"This is a jaw-dropper: how much it’s costing for the overhead
of their basic lifestyle. They have no idea; maybe it takes $25,000 a month,"
Dentino says. "And in some cases, they have a whole new appreciation of their
spouse."
Three years ago, when Dentino’s client Patty (who asked that
her last name not be published) was divorcing her CEO husband of 27 years, she
had been completely unfamiliar with their family finances. With Dentino’s help,
she mastered the financial basics, enrolled in computer classes and took charge
of creating a balanced investment portfolio. Dentino walked her through
refinancing a mortgage on the San Francisco–area house that she received as part
of the settlement and encouraged her to locate and comprehend financial and
investment statements.
"If you don’t have those skills, you don’t survive very well,"
Patty says. "When I began my conversation with the attorney, I started with the
phone calls and the faxes, and by the time we were done, I was emailing. It was
a progression."
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