A TikTok influencer has been mandated to pay $1.5 million following a lawsuit that accused her of ‘stealing’ another woman’s husband. Brenay Kennard is also required to pay an additional $250,000 for ‘criminal conversation,’ which refers to engaging in sexual relations with someone else’s spouse.
Based in Winterville, Pitt County, Kennard has amassed around 3 million followers on TikTok. Her content includes ‘get ready with me’ lifestyle videos, as well as tutorials on makeup and cooking, alongside ‘mukbang’ videos.
In May 2024, Akira Montague initiated legal proceedings in Durham County Superior Court, alleging that Kennard was guilty of ‘alienation of affection.’ This legal principle allows individuals to sue a third party they believe played a role in the dissolution of their marriage.
North Carolina is among the few states in the United States where such a law is applicable.
If a spouse is unfaithful, leading to a divorce, the aggrieved party can potentially sue the third party involved under the ‘alienation of affection’ statute. According to the Find Law website: “Alienation of affection and criminal conversation are causes of action (legal claims) that can allow spouses to recover compensatory damages and punitive damages after a marriage ends.”
“A deserted spouse can file an alienation of affection lawsuit against a third party that he or she believes is responsible for the marriage’s failure. These cases can be emotionally complex. The situation might involve your in-laws, friends, or other loved ones.”
Montague accused Kennard of having an affair with her husband, Timothy Montague, and claimed that Kennard showcased the extramarital relationship on social media. Kennard is now married to Timothy.
The News&Observer reports that a Superior Court judge ordered Kennard, who represented herself, to pay the substantial amount after jurors sided with Montague.
In the concluding arguments, Kennard defended herself, asserting that she was not the cause of the marital breakdown, stating: “This was a marriage that had been falling apart for years.” She also argued that the lawsuit targeted her because of her influencer status.
Montague’s legal representative, attorney Robonetta Jones, dismissed Kennard’s claim that she was ‘drunk’ in videos showing her twerking on Timothy Montague. Jones remarked: “Being intoxicated doesn’t excuse you from twerking on another woman’s husband in the bathroom.”
The attorney also highlighted a Snapchat story from Kennard’s account, where she addressed a question regarding her legal issues. In her response, Kennard claimed that Timothy was ‘worth it.’