Tuesday, August 16, 2016
Buy Gold in Euros; Not Dollars
The S&P500 is at an all-time high. Will this last? Over
the last two years, new highs have been erased with corrections, resulting in a
market that until Brexit was trading sideways, and going virtually nowhere.
Britain voting to rescind its membership within the European
Union was supposed to be a really bad thing. Yet, subsequent to what has been
considered a devastating election outcome, markets have rallied. In the U.S.,
the market has broken out of its two year trading range. And, it seems as if a
new all-time high is hit almost every day post Brexit. What gives? The only
conclusion is that once again the market is interpreting bad news as good news
in hopes of more easy monetary policies and low interest rates for longer.
The very same monetary policies and authorities who created
inflated housing and stock markets before the 2008 crash are back at it. But
this time, it is with vengeance. Interest rates around the world have never
been lower. In fact, bonds issued by about a third of all the world’s developed
countries issue negative interest rates. You have to pay Switzerland, Japan,
and Germany for the privilege of lending them money. No thank you very much.
The July issue of the Felder Report illustrated how the inflation
of asset prices relative to disposable income has never been higher, including
the dot com and housing bubbles. For the last five quarters in a row, the
cumulative earnings reported by the companies within the S&P 500 index have
declined. World trade is compressed. And, gold which is a fear indicator has
been by far one of the most superlative places to invest this year.
Because of the rise in gold prices this year, there has been
tremendous demand for investing in the precious metal. Most Americans invest in
gold denominated in dollars. There is generally a well -established
relationship between gold and the U.S. dollar. The weaker the dollar, the
stronger prices for gold go. Because of subpar GDP growth in the U.S. as well
as other measures that do not indicate a strong economy, the U.S. dollar for
the last year has declined.
The market is pricing in almost no chance for any
significant interest rate increase in the U.S. before the end of 2017. All of
this has led to a weaker dollar, and a boon for gold denominated in dollars. By
loading up on gold expressed in U.S. dollars, investors are knowingly or
unknowingly making a bet on when interest rates in the U.S. will rise and the
inherent strength of the dollar. This to me is a big bet. Many of the same
market participants who didn’t expect Britain to leave the EU are now betting
on how far out the Fed will go before raising interest rates.
The stock market is trading in a way that is ignoring the
fundamental weakness of the underlying economies. It is betting on more
monetary stimulus and continued almost zero interest rate policy out to the
distant future. Investing is about taking calculated risks. It should not be
about gambling. This cycle has transpired longer than I imagined. Just like
real estate that was appreciating from 2000 to 2007 at a rate far in excess of
peoples’ wages, this cycle has gone for a long time.
I don’t know if the stock market can be compared to the
housing market of 2005, or if it is more akin to the market of 2007, but for
me, the mixed messages are disconcerting. There are many investments whose
performance is agnostic to the direction of the market. One of these is gold.
However, unlike the majority of U.S. investors who are allocating to gold
denominated in dollars, I believe that notwithstanding our challenges, the U.S.
is by far the strongest economy on the globe. I also feel that Europe is a
grand experiment that is becoming undermined. For these reasons, where I am
allocating to gold, I am doing so expressed in Euros. I believe these will
appreciate not only with respect to appreciation of gold, but also relative to
that appreciation compared with any depreciation in the Euro. I believe in the
long term strength of the dollar, and I also believe that interest rates will
rise sooner than the market is pricing. I also believe that the Euro will lose
ground because of the fundamental weaknesses and challenges within the region.
For all of these reasons, I want my gold measured in Euros, rather than
dollars.
Unusual times call for outside the box thinking and
strategies.
The opinions voiced in
this material are for general information only and are not intended to provide
specific advice or recommendations for any individual. To determine which
investment(s) may be appropriate for you, consult your financial advisor prior
to investing. The fast price swings in commodities and currencies will result
in significant volatility in an investor’s holdings and may not be suitable for
all investors. All performance referenced is historical and is no guarantee of
future results. All indices are unmanaged and may not be invested into
directly. There is no assurance any of the trends mentioned will continue in
the future.
Why the Lower Wage Earner Should Request a Prenuptial
While it is certainly the case that I have female clients who earn more than their husbands, it is much more common, especially in a second marriage that the husband is the larger breadwinner. This reality is impacted by the fact that often the second wife is younger than her husband and therefore she didn’t have as a long an earnings history as her husband.
Especially for second (and subsequent) marriages, there are
many reasons why the older, more established and financially secure spouse
(husband) would want a prenuptial agreement. As the relationship deepens and
the discussion of marriage ensues, broaching the subject of a prenuptial is
front and center on the top wage earner’s mind. After all, his friends,
relatives, and counsel all have his ear. Regardless how secure he feels in the
relationship, there are still these voices in his head that come from these
external sources which may make him question how much her interest in marrying
him is related to financial security.
Instead of waiting for him to initiate the conversation, I
suggest that it is in the best interest of the wife to suggest the prenuptial
agreement before he does. After all, it is likely the million-pound gorilla
underlying the wedding plans. I admit that there is some reverse psychology
behind this suggestion. However, it could put the wife in the driver’s seat. He
may be astounded that this was her idea which could make him agree to a whole
lot more in the agreement than he would otherwise. If there is going to be a prenuptial in any
case, it is best to position oneself in the most opportune negotiating stance.
Incorporating psychology and outside the box thinking are
what I most enjoy about my marital and divorce financial planning practice.
Divorce financial planning is a fee-only
process that does not involve investment advice or securities transactions. All
information provided herein is financial and educational in nature and should
not be relied upon as legal or tax advice.
You should consult with your tax advisor or attorney regarding specific
tax issues.
Monday, August 8, 2016
College Financial Assistance and Divorce
Many divorces occur concurrently with the last child leaving
home for college. The questions to ask is how this will affect The Free
Application for Federal Student Aid (FAFSA), and what are the respective
financial planning opportunities.
FAFSA
Remarriage and FAFSA
Private versus Public Colleges
FAFSA
Every year the U.S. Department of Education awards about
$150 billion to help students pay for college. This federal student aid is
awarded in the form of grants, work-study funds, and low interest loans. There
is also aid from state government, scholarships, tax credits, and aid for the
military.
For purposes of FAFSA, custody is established according to
which parent the student lived with the most through the year. If the child
when home lives mostly with his mom, then his mom’s financial information is
all that FAFSA considers. Although the dad’s income might be high enough to
preclude federal student aid, if the dad is not the custodial parent for
purposes of FAFSA then his income is irrelevant and frankly not considered. If
the couple were still married and/or still cohabitating, then his income would
be factored into the equation.
Let’s say the mom is a social worker who earns $50,000/year
while the dad is a surgeon who earns $350,000/year. Had the couple remained
together, they would not have qualified for any federal student aid. However,
upon divorcing, the mom as the custodial parent may qualify for such aid. Her
assets and income, including any alimony would have to be revealed and factored
in to determine the extent of eligibility, but the dad’s income would be
ignored. I am involved with a case that meets this fact pattern. Mom will
become the custodial parent. Her income is a small fraction of her husband’s.
And, although she is likely to receive alimony, it might behoove the couple to
engage collaboratively in divorce financial planning to transfer more of the
husband’s retirement plan savings to the wife in exchange for less alimony as a
way to support the educational financial planning opportunities. The reason for this is because assets in a
qualified retirement plan or IRA are excluded from FAFSA calculations. Therefore,
if the wife can support herself on her salary and/or with additional but modest
alimony, and if through the divorce agreement and transfer of enough assets
from the husband’s retirement plan both she and the husband can live
comfortably in retirement, then this might be a way of qualifying for federal
student aid that would not otherwise have been available.
Remarriage and FAFSA
Although the dad’s income might be excluded from FAFSA
calculations, if the wife remarries, her second husband’s income will be
considered in arriving at any FAFSA eligibility. FAFSA looks at household
income. Even though the step-dad might not share a biological bond with the
student, his contributions to household income are relevant. Notwithstanding a
prenuptial agreement to the contrary, the federal government still considers
the step-parent as a source of support. This could possibly present a financial
justification to delay a remarriage until after the child graduates from
college.
Private versus Public Colleges
Most state universities use FAFSA to determine aid
eligibility. However, many private colleges and universities use their own
formulas to determine how much of their own available aid to award beyond what
might be accessible through FAFSA. It is very common for private institutions
to consider the income capacities of the custodial as well as the non-custodial
parent as well as the earnings of step-parents. Not only are private tuitions
significantly higher than those of public institutions, but additionally, they
do not provide the same opportunities with respect to divorce and tuition
planning.
Divorce financial planning is a fee-only process that does
not involve investment advice or securities transactions. All information
provided herein is financial and educational in nature and should not be relied
upon as legal or tax advice. You should
consult with your tax advisor or attorney regarding specific tax issues.
Tuesday, August 2, 2016
Itemize Before Re-Marrying
As sensible as it may be to secure a pre-nuptial agreement, particularly in a second or subsequent marriage, there are obvious emotional and personal issues that might prevent the party who would most benefit from the agreement to refrain, feeling uncomfortable even broaching the subject. I get that. It is easy for well-meaning friends, family and counsel to direct our lives. But ultimately, it is our life, and we have to weigh the pros and cons, and deal with the consequences.
As a low-hanging fruit concept for those who for whatever
reason are not inclined to go down the pre-nuptial route, I suggest at least having
both parties sign off as to the inventory of the assets each party is bringing
to the marriage and value of those assets.
This isn’t asking either spouse to waive his or her interest
in marital property or even the growth during marriage of non-marital property,
which are common arguments against a pre-nuptial. Nor does it necessarily have
to involve fees or other professionals. Nonetheless, it can avoid lots of headaches,
frustrations, and expenses should the marriage not last forever.
The reason I know this is that I am currently providing
financial analysis for a second marriage that only lasted six years. By the
way, the occurrence of divorce is much higher for those who re-marry than for first
time couples. [1]Also,
second marriages often last less than ten years[2].
In this divorce case, the husband has a business, retirement and non-retirement
accounts, and they have lived in the home that he owned prior to the marriage.
Although both parties agree that the pre-marital value of
these assets are non-marital, the wife will want to lay claim to half of the
appreciation of each of these assets over the six years of the marriage. Now we
have to re-construct the values for each of these assets not only today, but
also as of the date of marriage, including the business, which can be very
expensive and contentious to value.
We all have insurance policies which itemize the fair market
value of valuables. If there is a loss, there already exists a valuation to
which the parties agreed. In a similar fashion, it shouldn’t be too
uncomfortable simply to itemize the value of assets each party is bringing to
the marriage, and this serves as insurance to establish those values up-front
rather than arguing and paying a fortune down the road.
Seeing so many things that go wrong after the marriage ends
enables us to provide financial analysis and planning before the couple takes
their vows. This aims to facilitate couples living happily ever after
regardless whether they remain together or apart.
* Divorce financial planning is a fee-only process that
does not involve investment advice or securities transactions. All information
provided herein is financial and educational in nature and should not be relied
upon as legal or tax advice. You should consult with your tax advisor or
attorney regarding specific tax issues.
[1] Second
(And Third) Marriages: Destined for Divorce? Huffington Post 02/08/2013,
[2] (1)National
Center for Health Statistics, B. F. Wilson. 19B9. Remarriages and Subsequent
Divorces: United States. Vita/ and Hea/th Statistics. Series 21, No. 45. DHHS
Pub. No. (PHS) 89-1923. Public Health Service. Washington: U.S. Government
Printing Office
Monday, July 25, 2016
Stock Options and Divorce
There are fundamentally two ways to value the options. One
is known as the intrinsic value that simply measures the difference in price
between the strike price and the value as of the date of divorce. This is very
simple and may significantly undercut the other valuation method known as the
Black Sholes pricing model. Black Scholes factors in various features of the
option such as strike price, time to maturity, current price and historical
price volatility, all of which are adjusted by a risk free rate of return,
namely the rate on a 30 year Treasury. Google provides the daily volatility for
any publicly traded stock and this number can be inserted into a Black-Scholes
calculator. An option on a stock with nice historical appreciation would
generate a significantly higher Black-Scholes value than an intrinsic value,
and particularly for large awards this differential can be very significant. In
other words, it is important to appreciate the impacts and distinctions between
the two valuation methodologies. A spouse who seeks to minimize the valuation
of options for a stock with good appreciation potential would argue for the
intrinsic value method. However, the other spouse would want to negotiate a
valuation based on Black Sholes. In valuing stock options, particularly if the
value will be used to offset other aspects of the property settlement, it is
important to calculate using both methods as this can represent a big
bargaining chip for negotiations.
E) Marital versus Non-Marital
Calculations:
Stock options that were granted and vested during the
marriage are clearly marital property. The challenge is valuing options that
were granted during the marriage, but vest after the date of divorce. A time
formula or coverture fraction is usually applied to determine the marital
share. Other than options which are provided to a new employee as incentive to
join the corporation, the formula used to establish the marital portion is
known as the Nelson formula to reference the case from which it derived. The
formula is as follows: the number of months between the date of the grant and the
date of the divorce is divided by the number of months between the date of the
grant and the date of exercisability. Then this fraction is multiplied by the
number of shares which can be exercised, and that ratio represents the number
of options which are marital property, which can either be exercised or used
for purposes of offsetting the value of other marital property.
G) Disclaimer:
Divorce financial planning is a fee-only process that does
not involve investment advice or securities transactions. All information
provided herein is financial and educational in nature and should not be relied
upon as legal or tax advice. You should consult with your tax advisor or attorney regarding specific tax
issues.Friday, June 10, 2016
Why I Became a Certified Divorce Financial Analyst
Why I Became a Certified Divorce Financial Analyst
by
Gregory Gann
|
Alternative Methods for Separating
Divorce has always surrounded my life. Throughout my early years living with my parents, I witnessed my father's innumerable telephone conversations with his clients whose divorces he was handling as their attorney. I had close friends whose families were impacted by divorce. The day after my wife and I returned from our own honeymoon, my parents announced their separation. Divorce has always been there in the background for as long as I can remember.
A number of years ago, a close friend, who is a mental health professional, told me about a new way to divorce that was designed to be family-centric and produce much healthier results than what I had ever been exposed to through the traditional litigation approach. Within the last five years, she has literally transformed her practice. Today she dedicates the vast amount of her time and focus towards assisting families transitioning through separation by working as a divorce coach and parenting plan coordinator.
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The idea of a family-centric, healthy divorce seemed like an oxymoron, but very intriguing. What I learned is that there are essentially four methods for going about separating and dividing assets and income. The alternatives are litigation, mediation, pro se, which means self-representation, and collaboration. I could provide an overview of each method as well as the pros and cons of each, but that is not the scope of this discussion. Suffice it to say that irrespective of the mode, the logical and sensible objective in divorce should be how to move forward, retain the bonds of family as expeditiously as possible, and retain as much money for the family rather than watch it dissipate to periphery parties. While I realize that this may sound lofty and far too idealistic because this topic involves such strong emotional pains, one should never underestimate the prowess of a skilled mental health coach. There are many families that thrive after separation. There are many parents who relate to each other much better after they separate and parent their children more favorably because they have resolved their differences and/or have simply benefitted from the detachment of space and time. The point is divorce does not have to mean war, and it does not have to necessarily be a bad thing or considered a failure.
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A Healthy Divorce
So, how do we increase the odds of a healthy, family- centric divorce? Just as there are no two marriages that are exactly alike, no two divorces are the same. The universal, central undercurrent in every divorce relates to the finances. How the couple navigates through the financial maze has a direct impact on the vibrancy and sanctity of the family, and perhaps forever. Without sounding sensational, anyone who has ever gone through divorce or is involved in the business of divorce will affirm that finances become THE central core and crux of the matter. Yet, there are very few certified divorce financial analysts. Something is just not right with this picture. If finances are the central area of contention and resolution, then why are the vast number of divorces managed without bringing in a divorce financial specialist? I don't care if one handles her divorce pro se, or through mediation, or with litigating or collaborative attorneys, shouldn't she know the financial implications of different ways to "equitably" distribute the assets? And, shouldn't she know the financial implications of various settlement outcomes? After all, an agreement is reached on a specific date, but the financial ramifications of the agreement last a lifetime.
We ordinarily think of financial planning and analysis around major life changes, such as death, disability, graduation, and retirement. Well, divorce is arguably an even more significant life change. It seems penny wise and pound foolish not to incorporate a financial coach into such a momentous life event. Plus, anyone who has ever gone through divorce or is in the business of divorce will tell you that our system is broken. When I went to Amazon and ordered the documentary, "Divorce Corp", I knew immediately that I had to get involved as a catalyst for change. The documentary narrates the horrors and expense associated with ways with which we typically associate with divorce. Families can easily watch their children's college savings and their own retirement savings become evaporated. Judges are mere mortals with their own biases and prejudices. Lawyers relate to clients that one never knows the outcome of a family law trial because so much depends who the lawyer on the other side is and who is the presiding justice. Although we ordinarily think of the "law" as anything but arbitrary, it is in fact very cloudy.
Perhaps the documentary had an even greater impact and call to action for me because over the years, I have seen far too many clients whose lives were devastated financially post-divorce because they never received the proper financial analysis during the divorce. They outsourced their divorce to professionals who were not trained as financial analysts and who were therefore more concerned with reaching an agreement than the long-term, post-divorce financial implications. I recently met with one of the most highly regarded family lawyers who told me that she hesitated enlightening clients so much on the financial implications of what she negotiated for fear that they would perhaps want more money or the deal structured differently and therefore might become far less impressed with her legal acumen. She told me that many of her clients will live beyond the money that she was able to negotiate for them, but that was quite frankly not her problem, and was beyond the scope of her engagement. This is not an indictment on all lawyers. Mediators also are ranked based on how fast they can effectuate agreement.
Being educated financially during the divorce process and its post-divorce implications should be a baseline, but very few are even offered any kind of exposure to the service. I want to be very clear and emphatic. Divorce incorporates both business (legal) and financial aspects and outcomes. No one should go through this process without having independent legal representation. It is just frankly too significant an event not to have a family law specialist in your corner and engaged in final agreements. Cheap gets expensive, and omitting an attorney and the value that the attorney brings is far, far greater than the hourly rate charged. There are costs associated with divorcing. It may not have been the desired outcome of one or both spouses, but life can bring curve balls. Being shortsighted and thrifty can be financially ruinous. Similarly, it can be just as financially ruinous not to include onto the team a divorce financial analyst.
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Divorce Financial Analysis
As a divorce financial analyst, I have evaluated the need for spousal maintenance and the sources of income to support the maintenance. We have considered implications of governmental assistance such as Medicare and Social Security at the appropriate ages. We have calculated future values and determined if those future values should be adequate to maintain lifestyle after spousal support ends. We have determined the value of both marital and non-marital property when assets share qualities of each. We have proposed a variety of settlement options along with their associated tax implications. We have evaluated alternative funding vehicles that have enabled spouses to comfortably come to an agreement. We have also calculated the present value of a pension plan as well as valuations of stock options and restricted stock. In short, divorce is both legal and financial. Anyone going through this process should be equipped with experts from both disciplines. In fact, my rate as a divorce financial is significantly less than the lawyer's rate. The good family law attorneys appreciate this fact and are anxious to bring the best experts in their respective fields to provide the best outcomes for their clients in the most cost effective manner. Many lawyers are advocating for the introduction of a divorce financial to distinguish their practices and demonstrate value add. Also, many clients are being enlightened about the importance of divorce financial planning through the internet and otherwise, and they are requesting us.
Many people however do not appreciate the distinction between "traditional" financial planning and divorce financial analysis. Let me explain why I am not such an advocate for traditional financial planning, but have a passion for divorce financial analysis. The problem with traditional financial planning is that it incorporates so many assumptions over such an extended period that it becomes unreliable and filled with boilerplate fluff. Divorce analysis incorporates all the wisdom of financial planning, but it does so much more with a focus on the here and now and provides useful frameworks from which to negotiate and structure workable settlements. Having the financial facts and analysis of the facts generates clarification and leads to favorable resolutions.
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In an information age with constrained finances, divorce is evolving because it has to. Divorce is emotional. It is financial. And it is legal. Having the right mental health, divorce financial, and legal team can make one of life's worst experiences a whole lot better for everyone involved and forever. That is why I am honored and grateful to have expanded my practice into this important resource.
Content in this material is for general information only and not intended to provide specific advice or recommendations for any individual.
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Thursday, January 7, 2016
Important Underneath the Hood Data
Opinions, as they say, are like one's derriere; everyone's got
one. There is an incessant amount of talking heads postulating as to where
market prices will go. Most of them are talking up their holdings, and are
therefore biased and non-objective. I subscribe to multiple sources of
objective, unbiased research. One of these is from Lowry Research Corporation.
Lowry is strictly a research organization. It has no dog in the fight. It makes
no forecasts, but rather objectively measures supply and demand. And, it has an
eighty-eight year history doing so. Plus, Lowry has examined every major market
top going back to and including the Great Depression. It has consistently found
patterns, and these patterns have resurfaced within the past year.
The opinions voiced in this material are for general information only and are not intended to provide specific advice or recommendations for any individual. To determine which investment(s) may be appropriate for you, consult your financial advisor prior to investing. All performance referenced is historical and is no guarantee of future results. All indices are unmanaged and may not be invested into directly. There is no assurance any of the trends mentioned will continue in the future.
Lowry has identified that market tops are deceiving and very
difficult to pinpoint for the average investor. The reason for this is that the
major indexes such as the S&P 500 are typically not crumbling and showing
signs of deterioration even though such deterioration is brewing underneath the
surface, and is not visible within the raw data of the indexes. What I mean by
this is that a recurring pattern that develops through the making of a market
top is that the price of the index is being upheld by fewer and fewer companies.
Although the S&P 500 ended modestly down for the 2015 calendar year, so
much of the index was supported by merely four stocks-Facebook, Apple, Netflix,
and Google, (the so-called FANG stocks because of the acronym). For example,
Netflix increased a whopping 134.38% in 2015 and Google "A" surged
46.61%. Also, the index was down a lot earlier in the year than where it ended
after the Santa Claus rally.
Although the U.S. stock market indexes have not yet evidenced
significant price losses, Lowry's measurements of the forces of supply and
demand are demonstrating a very different picture. From December 31, 2014 to
December 31, 2015, Buying Power decreased from 255 to 175, resulting in a loss
of 80 points. Selling Pressure also significantly increased over the year. The
established pattern in the formation of market tops is that price changes first
impact stocks in the small-cap space. Then they move to the mid-cap. And then
finally they are experienced amongst the large-cap players. True to form, Lowry
calculated that the number of small-cap stocks that were trading within 2% from
their highs at the end of 2015 moved from 14.38% to 3.33%. For mid-cap stocks
this percentage deceased from 23.24% to 15.53%. And for large-cap stocks the
percentage fell from 27.10% to 17.45%.
Furthermore, a bear market correction is commonly defined as a
loss of 20% or greater. In 2015, the percentage of small-cap stocks that were
in bear market territory increased from 39.05% to 61.71%. For mid-caps, this
number increased from 18.06% to 34.36%. And for the large-caps this percentage
moved from 8.87% to 19.81%.
All of this is to say that you can't judge a book by its cover,
and that there is more going on underneath the surface than most of the
prognosticators or talking heads realize. The bull market that has been fed
with easy money, low interest rates, and major credit expansion has become
exhausted. The strategies and types of investments that have been conducive
during the bull market cycle emerging from the depths of the financial crisis
are unlikely to prevail over the next cycle. Moreover, bond funds which have
ameliorated returns even during bear market cycles over the last 35 years will
also likely contribute to losses during this cycle as interest rates reverse their
nearly 35 year pattern and now increase. I do not feel that this is a time for
long-only stock and/or bond fund investing. Different market conditions demand
various game plans. Let me know if you'd like access to our plays.
The opinions voiced in this material are for general information only and are not intended to provide specific advice or recommendations for any individual. To determine which investment(s) may be appropriate for you, consult your financial advisor prior to investing. All performance referenced is historical and is no guarantee of future results. All indices are unmanaged and may not be invested into directly. There is no assurance any of the trends mentioned will continue in the future.
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