The Lawsuit
A Durham County jury has awarded $1.75 million to North Carolina mother Akira Montague, who sued TikTok influencer Brenay Kennard under the state’s unusual alienation of affection and criminal conversation laws. North Carolina is one of the few states where a spouse can sue a third party for interfering in a marriage. Montague filed the complaint in May 2024, alleging Kennard began a sexual relationship with her husband, Tim Montague, while the couple was still married.
Evidence Presented in Court
Montague’s legal team submitted more than 700 pages of evidence, including text messages, photos, videos, and social-media posts documenting interactions between Kennard and Tim Montague. Speaking to local media, Montague described the moment she discovered the affair: “I literally was dizzy. Like I was about to faint. It was like I had got hit by a car.” Her attorney argued that Kennard publicly broadcast her involvement with a married man and that the humiliation compounded the emotional fallout for Montague and her children.
The Jury’s Decision
After hearing the evidence, jurors awarded $1.5 million for alienation of affection and $250,000 for criminal conversation. The total verdict reached $1.75 million. According to local reporting, this is one of the largest awards in North Carolina for this type of claim, which remains legally enforceable despite being abolished in most states.
Responses From the Parties
Kennard, who chose to represent herself, rejected the verdict as unfair. She called it “outrageous” and a “money grab,” insisting the marriage had already deteriorated before she became involved. Tim Montague also criticized the verdict, stating that “the marriage was NOT full of genuine love.” Montague’s attorney countered that the case was about responsibility for emotional harm. She said the evidence showed Kennard had “alienated the affections of Akira’s husband and inflicted emotional injury on her children as well.”
Why This Case Matters
This decision highlights how fast-moving digital culture intersects with old legal frameworks. The public nature of influencer content made the relationship highly visible, creating a trail of evidence unusual for cases of this kind. It also underscores how a handful of states, including North Carolina, continue to enforce laws that allow spouses to hold third parties financially accountable for contributing to the breakdown of a marriage. For journalists and legal observers, the case offers a rare look at how social-media behavior can collide with long-standing tort laws that most Americans assume no longer exist.
