Iron Chef Bobby Flay’s divorce is boiling over. Stephanie March, Law & Order: SVU actress and Flay’s wife, recently kicked the chef out of their marital home after he allegedly put her medical distress on the backburner to focus on his career. Rumors of financial issues, bullying and infidelity spice up this already heated situation.
Flay and March signed a prenup in 2005 dictating that March would receive $5,000 per month in spousal support (“maintenance” in Colorado) if the marriage were to fail. When March received her first check though, she was livid. According to her lawyer, they “regard the support provisions of the pre-marital agreement as unenforceable (not to mention morally reprehensible).”
Her lawyer did not mince words when bringing up apparent financial bullying on the part of Flay; March says he canceled her credit cards in order to pressure her into taking what she believes is an unfair divorce settlement.
Are Prenups Ironclad in Colorado?
If you don’t believe that your prenup allows you a fair cut of your marital assets, it is possible to convince the courts that you are correct and have the prenup modified or thrown out. However, it is a myth that prenups are often thrown out””they are actually upheld in the majority of cases. For a Colorado judge to choose not to enforce a prenup, the challenging spouse must prove that:
- The spouse challenging the agreement signed the agreement involuntarily or under duress
- The challenging spouse did not have access to legal representation, or
- The challenging spouse did not receive proper financial disclosures from the other spouse before signing the agreement.
That said, these decisions are made on a case-by-case basis. Judges will only rarely find a prenuptial agreement unconscionable, such as in cases where the divorce will leave one spouse destitute and reliant on outside aid.
You can also amend or revoke a prenuptial agreement if both you and your spouse agree to the amendment. If you have any more questions about Colorado prenuptial agreements, do not hesitate to speak to a professional divorce attorney.
Divorce Matters ”“ Denver Family Law Attorneys