Estes v. Titus

I write separately to address the concern expressed during this appeal that our decision will leave a great many divorce judgments subject to attack by creditors, thus robbing them of *594finality. I believe the concern is unfounded. As I will explain, relatively few creditors will be incentivized to bring actions under the Uniform Fraudulent Transfer Act (UFTA) against newly divorced individuals as a result of the Court’s opinion in this case. This is because of the difficulty creditors will encounter in surviving a motion for summary disposition.

Difficulties for creditors will exist on several…