Bobby Flay & Stephanie March Divorce
A 'cheater' banner flying over the Walk of Fame ceremony became the leverage that rewrote a prenuptial agreement.
Key Facts
What Happened
Celebrity chef Bobby Flay and Law & Order: SVU actress Stephanie March married in 2005 after a two-year courtship. They signed a prenuptial agreement that would give March $5,000 per month in alimony and a $1 million buyout on their shared homes in the event of divorce. For a decade, the prenup sat untouched. Then March learned about Flay's alleged three-year affair with his assistant, Elyse Tirrell.
March filed for divorce in March 2015, and the proceedings became one of the ugliest celebrity splits in recent memory. She alleged cheating in her divorce documents, a strategic move that gave her enormous leverage in renegotiating the prenup. The drama reached its theatrical peak when someone hired a plane to fly a banner reading 'CHEATER' over Flay's Hollywood Walk of Fame star ceremony.
The prenuptial agreement was ultimately renegotiated. March received increased alimony above the original $5,000 per month, though the exact amount was never publicly disclosed. Flay kept both their Manhattan apartment and their Hamptons home, leaving March without either residence. The settlement was framed as 'amicable,' but the underlying negotiations were anything but.
The Flay-March divorce is a masterclass in how infidelity allegations can reshape a prenuptial agreement. Flay's desperate desire to avoid a public trial, where details of his alleged affairs would become part of the court record, gave March the leverage to demand terms far more favorable than the original prenup specified. The lesson is clear: a prenup is only as strong as the behavior of the parties who signed it.
Legal Breakdown: How infidelity allegations can blow up a prenuptial agreement
Prenuptial Agreements Are Not Bulletproof
The Flay prenup specified clear terms, but the infidelity allegations gave March leverage to renegotiate. While prenups are generally enforceable, the threat of a public trial exposing embarrassing details can motivate the wealthier spouse to offer better terms voluntarily.
Infidelity as Leverage, Not Grounds
New York is a no-fault divorce state, meaning infidelity technically does not affect asset division. However, the social and professional consequences of a public trial alleging infidelity can be so damaging that the accused spouse will pay a premium to settle quietly.
Property Division When One Spouse Has Greater Wealth
March lost access to both residences despite a decade of marriage, illustrating that prenuptial agreements can produce outcomes that feel inequitable even after renegotiation. The disparity in wealth between the parties before marriage heavily influenced the final property division.
What This Means for Your Divorce
- →A prenuptial agreement is a starting point for negotiations, not necessarily the final word, especially when misconduct is alleged.
- →Infidelity may not be legal grounds for more assets in no-fault states, but the threat of public exposure creates powerful negotiating leverage.
- →If your prenup was drafted when your spouse had far less wealth, understand that the terms may feel inadequate if the marriage ends after significant wealth accumulation.
- →Both parties should have independent legal counsel review any prenuptial agreement before signing, and periodically revisit it as circumstances change.
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This article is based on publicly available court records, news reports, and legal analysis. It is provided for educational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content.
Divorce laws vary by jurisdiction. Always consult a licensed attorney in your area before making legal decisions.