North Carolina’s Alienation of Affection Law Leads to $1.75M Payout for TikTok Influencer

A North Carolina court has ordered a social media star to pay $1.75 million. The verdict came from the Durham County Superior Court. TikToker Brenay Kennard was sued by Akira Montague.

The lawsuit was based on two unique state laws. Kennard was found liable for alienation of affection and criminal conversation. This case highlights a rare legal option for spouses.

Jury Sides with Ex-Wife in High-Profile Case

The jury awarded Akira Montague $1.5 million for alienation of affection. They added another $250,000 for criminal conversation. This decision was reached after brief deliberations.

According to Reuters, North Carolina is one of few states with these laws. They allow a spouse to sue a third party for damaging a marriage. The plaintiff argued Kennard knowingly interfered in her marriage.

Akira Montague alleged Kennard had an affair with her then-husband, Tim Montague. He was also Kennard’s manager at the time. The suit claimed this deprived her of her husband’s love and companionship.

Broader Impact of the Alienation of Affection Ruling

This case demonstrates the powerful legal recourse available in some states. The laws serve as a deterrent against marital interference. They provide a path for financial compensation for emotional distress.

The verdict sends a clear message to public figures. Personal conduct can have serious financial consequences. This is true even if the relationship is widely shared on social media.

Kennard, who represented herself, called the verdict outrageous. She claimed the marriage was already over. The jury, however, found the evidence against her compelling.

The $1.75 million judgment underscores the significant financial risk of an alienation of affection lawsuit in the states that allow it, setting a modern precedent for a centuries-old law.

Thought you’d like to know

What is alienation of affection?

It is a law that lets a spouse sue a third party for damaging their marriage. The person sued must have knowingly acted to alienate one spouse’s affection from the other. Only a handful of states still have this law.

Which states have alienation of affection laws?

Besides North Carolina, only a few states recognize this tort. These include Hawaii, Mississippi, New Mexico, South Dakota, and Utah. The laws and their applications can vary significantly between these states.

What did Brenay Kennard do?

Akira Montague alleged that Kennard had an affair with her husband during their marriage. The lawsuit also claimed Kennard publicly flaunted the relationship on social media. This formed the basis of the alienation of affection claim.

How can someone prove alienation of affection?

Proof requires showing that genuine love and affection existed in the marriage. It must also show that the love and affection were alienated or destroyed. Finally, the defendant’s malicious conduct must be proven as the cause.

What is criminal conversation?

Criminal conversation is the legal term for adultery in these cases. It is a related tort that allows a spouse to sue a third party for having sex with their husband or wife. It does not require proof of emotional damage, only the physical act.