A private equity fortune can come with a catch

A private equity investment can make someone wealthy on paper without putting much cash in their hands. An investor might own a valuable stake in a private company or have a share of a fund’s future profits, yet be unable to sell that interest whenever money is needed. The investment may be worth millions, but accessing that value can be another matter entirely.

That gap between wealth and liquidity is easy to overlook when investments are performing well. It becomes harder to ignore when an investor faces a major financial decision, whether that means funding a new venture, meeting a tax bill or dividing assets during a divorce.

For executives and private equity professionals, the challenge is not simply how much they own. It is how much of that wealth they can access, when they can access it and what obligations might come with it.

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The value on paper is only part of the story

Unlike publicly traded stocks, private equity interests do not come with a market price that changes throughout the trading day. Their valuations can depend on the performance of the underlying business, the assumptions used by the fund, or the timing of a potential sale.

Even when a valuation is credible, it does not necessarily mean an investor could sell the interest for that amount today. Private investments are often designed to be held for years, and investors may have limited opportunities to exit before a fund or company completes a sale.

Compensation can add another layer of uncertainty. Private equity professionals may receive carried interest, which gives them a share of investment profits when specified conditions are met. The potential payout can be significant, but it depends on the fund’s performance and the terms of the arrangement.

This is why a person’s net worth can tell an incomplete story. Someone may have substantial wealth tied up in investments but relatively little cash available to cover immediate expenses or unexpected obligations.

When dividing a fortune gets complicated

The distinction becomes particularly important when a relationship ends and a couple has to account for investments that cannot easily be sold or transferred. A private equity stake cannot always be divided in the same way as a cash account, and the fund’s governing documents may restrict who can own an interest.

Eric J. Broder, a Connecticut-based family law attorney who works with high-net-worth clients, said in an interview with TheStreet that private equity investments can make divorce proceedings more complicated and complex due to the difficulty in valuing a party’s interest.

“Resolving divorce cases involving private equity often requires the parties being more creative and willing to consider a variety of outcomes due to the lack of liquidity, predictability and future commitments such as capital calls,” Broder said.

The challenge extends beyond establishing a valuation. A fund or private company may not permit an investor to transfer part of an ownership stake to a former spouse, even when a settlement requires the investment’s economic value to be shared. Broder said, “In those circumstances, an agreement usually requires a party to hold the investment in a constructive trust with annual reporting requirements to ensure that the recipient is paid the appropriate amount. That arrangement necessitates clear terms covering how the payments are calculated, what documentation must be shared, and how taxes and expenses are deducted. Unfortunately, the parties are still linked together in the future in a manner more complex than alimony or child support.”

Without adequate disclosure, the recipient may struggle to verify whether the payments accurately reflect the investment’s performance.

The timing of those payments matters, too. An investment may take years to generate meaningful proceeds, leaving someone with an agreed financial entitlement but no immediate cash. That is a very different proposition from receiving a fixed sum at the time a settlement is reached.

The fine print can carry a financial burden

Future obligations can complicate matters further. Private equity investors sometimes commit a total amount to a fund but contribute the money over time when the fund requests it through capital calls.

Consider an investor who commits $1 million but has contributed only $800,000. A later capital call could require the remaining $200,000. Any agreement that accounts only for the amount already invested risks overlooking a substantial future obligation.

Distributions can also come with strings attached. Under certain fund arrangements, investors may be required to return money that was previously paid out if the fund later determines that a distribution exceeded what was ultimately due.

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These provisions can make an investment’s true value harder to assess. A large distribution may look like a windfall until the investor considers the possibility of a repayment obligation. Similarly, an asset’s estimated value may look attractive until outstanding commitments are factored in.

For anyone assessing a private equity portfolio, the headline valuation is only one part of the calculation. Outstanding commitments, possible repayments, taxes and the timing of distributions can all affect how much economic value an investor ultimately retains.

A fortune needs a plan, not just a valuation

The same issues matter beyond divorce. An executive preparing to leave a company, an investor planning for retirement or a founder considering a new venture may discover that valuable private holdings are less flexible than cash or publicly traded shares.

Understanding the terms before a major decision becomes urgent can help investors avoid unpleasant surprises. They need to know whether their interests can be transferred, when they can expect distributions and whether they could be asked to contribute more money. They also need to consider how private investments fit into their wider financial position, particularly if they have substantial wealth concentrated in a small number of assets.

Some investors assume that illiquid private equity holdings can be kept out of a divorce settlement. That assumption does not always hold. A post-nuptial agreement can offer some protection, but negotiating and enforcing one introduces a separate set of legal and financial considerations.

The point is that one agreement cannot solve every problem. Rather, ownership arrangements and legal agreements need to be considered alongside the financial realities of an investment. An attorney can help assess contractual and ownership restrictions, while an accountant or financial adviser can examine tax consequences, cash flow and future funding obligations.

Private equity can create considerable wealth, but it does not eliminate the practical limits of owning assets that are difficult to sell. For investors, understanding a fortune means looking beyond its estimated value to the conditions attached to it, the cash it can generate and the obligations that may follow.

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