According to reports, March, 40, has accused Flay of cheating on her with three women, including Mad Men star January Jones. In June, a banner reading "cheater" flew overhead during Flay's speech while receiving a star on the Hollywood Walk of Fame, though March's lawyer told ET that her client was "absolutely not behind" the banner.
"It's very hard to prove and win a cheating case because you need the evidence," entertainment attorney Richard Roth explained to ET in June, when he commented on the case.
He also said that March could potentially get a huge payout despite any pre-nuptial agreement.
"If in fact [March] can deem that pre-nuptial agreement to be null and void, then she would get what's allowed for under the law. If he's allegedly worth $20 million and that was earned during the marriage, she goes from $5,000 a month and $1 million to a $10 million payout."
March is Flay's third wife. He was previously married to former co-host of Robin Leach Talking Food, Kate Connelly, as well as chef Debra Ponzek, before marrying the former Law & Order: SVU actress in February 2005.