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Nassau County Family Law Blog

Friday, July 10, 2015

Star Chef’s Divorce Heats Up

When is a prenuptial agreement considered invalid?

Food Network personality Bobby Flay and his wife, Stephanie March, a television actress filed for divorce in April.  Following the split, March filed court papers to set aside the prenuptial agreement.  The prenuptial agreement requires Flay to pay March a monthly alimony of $5,000 and provides an option to buyout the family home for $1 million.  March alleges that she played a major part in helping Flay build his net worth to almost $20 million during their ten year marriage.  She did this through making integral decisions to help Flay’s restaurants including taste-testing menu items, suggesting menu items and introducing the chef to tapas, a type of Spanish cuisine later offered in Flay’s restaurants. 

Flay’s attorney filed with the court to affirm the validity of the prenuptial agreement.  The prenuptial agreement allegedly contains a no infidelity clause meaning the agreement stays in effect regardless if either spouse has an affair.  March has alleged Flay had multiple affairs during their marriage.  Flay recently accepted a star on the Hollywood Walk of Fame during which a plane flew by dragging a banner displaying a single word - “cheater”.  March denies any involvement in the plane incident. 

March alleges her health problems leave her unable to work causing her to face an undue financial hardship.  Flay says those health problems are the result of an elective breast enhancement surgery.  March has also filed for the winnings and sale of a racehorse Flay gifted to her as an anniversary present in 2009.  March argues the winnings totaled $130,000 and the horse sold for $60,000.  Flay denies keeping the earnings from the racehorse.  

Courts can consider many options when determining the validity of a prenuptial agreement.  Couples married in New York can set aside a prenuptial agreement for different reasons but must have concrete evidence to support those reasons.  These are typically based on the health and financial situations of each spouse.  Marital assets are valued on the worth obtained during the marriage and affect the division of assets during a divorce. 

While couples never plan on a divorce before the marriage even begins, prenuptial agreements are useful in helping families sort out marital assets when a couple does decide to part ways. If you are considering divorce but have a prenuptial agreement, it’s important that you contact an experienced family law attorney. For over 35 years, Howard B. Leff has helped New Yorkers develop prenuptial agreements and has represented clients in complex divorce proceedings where a prenuptial agreement is in place.  Contact his office at (516) 739-7500 today for a free consultation.       


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