At a Glance
- Jury awarded $1.75 million to former spouse of TikToker Brenay Kennard.
- Kennard has a following of over 3 million on TikTok and Instagram.
- Only five states recognize the tort of alienation of affection.
- Social media posts amplified the damages and public scrutiny.
Why it matters: The case shows how a viral online presence can translate into a sizeable civil judgment, highlighting the legal risks for influencers who share personal relationships.
Akira Montague, a former North Carolina resident, filed a civil lawsuit in May 2024 with the Durham County Superior Court, accusing TikToker Brenay Kennard of alienation of affection and criminal conversation. Kennard, who maintains more than 3 million followers across TikTok and Instagram, was ordered by a jury on Nov 10, 2024 to pay $1.75 million in damages to Montague’s ex-husband, Timothy Montague.
The Lawsuit
The lawsuit was filed in May 2024 and focused on two torts that are only recognized in five states, including North Carolina. Montague alleged that Kennard intentionally spurred the end of her marriage and engaged in sexual acts with her husband. The jury’s decision came after a trial that highlighted the impact of social media on the case.
Kennard’s videos frequently feature Timothy, and the public nature of their interactions was cited as evidence of alienation. Montague sought $3.5 million in damages, but the jury awarded Kennard a lesser amount. The case illustrates how the court weighs online conduct when determining liability.
What Is Alienation of Affection?
Alienation of affection is a civil tort that allows a spouse to sue someone who intentionally causes the breakdown of a marriage. The burden of proof is only preponderance of the evidence, the lowest standard in civil law. According to Brett Ward, a partner at Blank Rome’s Matrimonial & Family Law Group, the law often pairs with criminal conversation, which covers extramarital sexual acts.
Ward noted that proving alienation is typically difficult unless the alleged conduct is publicized. In Montague v. Kennard, the defendant’s presence on social media made the affair “very hard to prove” because the evidence was widely available.
Who Can Be Sued?
The tort does not require a sexual act; it only requires that the defendant knew of a good relationship and then sought to undermine it. Ward explained that anyone who knows about a relationship-whether a friend, a mother-in-law, or even a psychologist-could be liable. The potential breadth of liability has led to calls for reform.
He warned that the law could be used “as a sword as opposed to a shield,” and that the reach could extend to domestic-violence counselors or other professionals who advise couples. The risk is that even well-meaning advice could be interpreted as alienation.
Statute of Limitations
Four of the five states that allow alienation of affection claims impose a three-year statute of limitations. Utah is the only state that allows a four-year period. The clock starts at the time of the alienating acts, not when the plaintiff discovers them. A North Carolina Supreme Court ruling clarified that the limitation period begins when the acts occurred.
Social Media’s Impact
In Montague’s case, Ward said social media played two major roles. First, the online exposure amplified the actual damages, as Montague received death threats and her children were exposed to harassing comments. Second, the public nature of the affair added psychological harm, as Kennard’s videos about wanting to have the couple’s children were seen as “salt in a wound.”
Kennard’s content, which included statements about wanting to have Timothy’s children, was used by the jury to demonstrate the severity of the infliction. The court found that the online amplification was a key factor in awarding damages.
Timeline of Events
| Date | Event |
|---|---|
| May 2024 | Montague files lawsuit in Durham County Superior Court |
| Nov 10, 2024 | Jury awards $1.75 million to Montague’s ex-husband |
| Post-trial | Kennard’s social media activity cited as evidence of alienation |
Key Numbers
| State | Statute of Limitations |
|---|---|
| North Carolina | 3 years |
| Utah | 4 years |
| Mississippi | 3 years |
| South Dakota | 3 years |
| Hawaii | 3 years |
Key Takeaways
- Alienation of affection is a rarely used tort that can result in millions of dollars in damages when a spouse is publicly involved.
- Social media can serve as both evidence and a catalyst for damages, especially when the content is widely viewed.
- The legal framework is narrow, limited to five states, and the burden of proof is relatively low.
- Professionals who advise couples must be aware of the potential liability if their advice is perceived as undermining a marriage.
The case of Akira Montague versus Brenay Kennard underscores the intersection of personal relationships and the digital age. Influencers who share intimate details must consider the legal implications of their content, especially in jurisdictions where alienation of affection remains enforceable.
