Brenay and Akira Lawsuit, TikTok influencer Brenay Kennard ordered to pay $1.75M in Akira Montague lawsuit for alienation of affection
A Durham County jury ordered TikTok influencer Brenay Kennard to pay $1.75 million after finding her liable for criminal conversation and alienation of affection in a lawsuit filed by Akira Montague. The verdict came Monday afternoon following testimony that Kennard had an affair with Tim Montague, Akira’s husband at the time, who worked as Kennard’s manager. The complaint was filed in Durham County Superior Court on May 28, 2024, asserting claims for criminal conversation, alienation of affection, and attorney fees.
North Carolina is one of the few states that allows jilted spouses to sue someone for interfering in their marriage. The case drew national attention as the relationship drama played out on social media, with Kennard’s 3 million TikTok followers watching the controversy unfold.
What Is the Brenay and Akira Lawsuit About?
Akira Montague filed her lawsuit in May 2024, accusing Brenay Kennard of having an affair with her then-husband Timothy Montague, flaunting the relationship online, and sharing photos of Akira’s children without consent. According to court documents, Akira and Timothy Montague were lawfully married on October 20, 2018, in Wake County, North Carolina, and had two children: Jakobi Darnell Montague born June 10, 2019, and Baileigh Veneta Montague born July 2, 2021.
Akira claimed she discovered the affair in January 2024 when she came across a video of Brenay and Timothy together. Akira originally sought more than $3.5 million in damages, though the jury ultimately awarded $1.75 million.
Understanding North Carolina’s Alienation of Affection Laws
Alienation of affection allows a spouse to sue a third party for destroying the love and affection within the marriage, requiring proof that the marriage had genuine love before interference and that affection was alienated due to the defendant’s actions.
Criminal conversation is a civil claim for adultery, requiring proof that a valid marriage existed and the defendant engaged in sexual relations with the plaintiff’s spouse. Unlike alienation of affection, no proof of emotional manipulation is required—just that an affair occurred.
Related Lawsuit: Rudy Giuliani Lawsuit Latest Today, Trump Pardon on $1.3 billion defamation lawsuit, Active Cases, Court Rulings
States That Still Recognize These Claims
Only seven states recognize alienation of affection and criminal conversation lawsuits: North Carolina, Hawaii, Illinois, Mississippi, New Mexico, South Dakota, and Utah. South Carolina abolished these claims in 1992 because they “foster bitterness”.
The Case Facts and Timeline
The Relationship Connection
Brenay Kennard studied at Word of God Christian Academy high school in 2014, where she met and dated Timothy Montague. Years later, Kennard was married to Devon Mayo, who is Timothy’s cousin, and resided in Pitt County town of Winterville.
Devon Mayo filed for divorce in March 2025 and testified that he overheard Kennard and Timothy speaking about rekindling their romance in December 2023, claiming he heard them being intimate at his home in January 2024.
The Affair Goes Public
Akira’s attorney presented a February 2024 video showing Kennard telling the camera she couldn’t wait to become “Mrs. Montague,” referencing sexual details and saying “Words can’t express how much I love you”. Timothy claimed the video referred to their teenage relationship from 2014, while Kennard said she was drunk when she recorded it.
The attorney also showed a separate clip where Kennard was seen twerking on Timothy in a bathroom.
Tim Montague’s Testimony
When Timothy Montague took the stand, he admitted he was never in love with Akira, describing their marriage as feeling like being “roommates” and saying his 2018 proposal wasn’t romantic—he didn’t kneel or ask “Will you marry me” and used the “cheapest ring” he could find at a Duke football game.
Montague claimed his parents forced him to marry within 60 days if the couple wanted to live under their roof, describing the marriage as “awkward and unbalanced”.
Evidence of Love vs. Dysfunction
Akira claimed her husband loved her, alleging he would pen love notes every day in the lunch boxes he prepared for her before work and helped her mother through law school. Akira’s attorney presented photos showing the couple kissing, smiling, and vacationing together, plus texts showing Timothy planning Akira’s surprise birthday party with her mother.
Timothy’s sister Imani Montague testified the “environment was always hostile” when she lived with Timothy and Akira, supporting the defense’s claim the marriage was troubled before Brenay’s involvement.
The Verdict and Legal Implications
The jury found Kennard liable for both criminal conversation and alienation of affection. After the verdict was read, wild celebrations broke out in the courtroom.
Akira’s attorney Robonetta Jones said, “She has received justice from losing her husband and the father of her children”.
How This Compares to Other North Carolina Cases
In 2011, Carol Puryear was ordered to receive $30 million from Betty Devin, the largest settlement of its kind in North Carolina history. In 2010, Cynthia Shackelford was awarded $9 million against her husband’s mistress, and Dr. Lynn Arcara received $5.8 million against Susan Pecoraro, who had been her closest friend before the affair.
The $1.75 million award falls in the mid-range compared to these precedents, reflecting the jury’s consideration of Kennard’s earning capacity as a social media influencer versus the emotional harm to Akira and her children.
Additional Legal Developments
The Cyberstalking Charge
In September 2025, Kennard was arrested and charged with misdemeanor cyberstalking after allegedly harassing Akira online via Snapchat, Facebook, and Instagram on September 4, 2025. Akira claimed Kennard constantly harassed her online and was “showing up to locations that do not pertain to her,” providing a flash drive of evidence showing violations of a no-contact order.
Kennard was released on September 9, and this separate criminal case remains distinct from the civil alienation of affection lawsuit.
Tim Montague’s Courthouse Incident
On November 5, 2025, Timothy Montague was booked into Durham County Sheriff’s Office on two felonies: carrying a concealed gun and possessing a weapon in a courthouse after security scanners discovered the firearm in his bag during a routine appearance. Despite the charges, he was allowed to appear in court to testify.
Brenay’s Defense and Response
Kennard represented herself in court after her attorney withdrew in January 2025. Kennard told jurors she had no idea Akira was uncomfortable with her being around Timothy, saying she only moved in temporarily during her own marital struggles with Devon Mayo and relied on Timothy to inform her if Akira had problems.
After the verdict, Kennard slammed the decision, stating Akira knew her marriage was over and allowed the affair, claiming “She gave her consent. She said it was okay because she knew her marriage was over with, and it was done”.
Kennard claimed Akira once joked about her and Timothy being together, yelling “Tim, I found your wife!” during a tense exchange.
What You Need to Know About Alienation of Affection Claims
Elements Required to Win
To win an alienation of affection case, plaintiffs must prove: the marriage had genuine love and affection before interference, existing love and affection was alienated, and alienation resulted from the defendant’s wrongful and malicious conduct.
A single act of sexual intercourse is sufficient to state a claim for criminal conversation.
Who Can Be Sued
There’s no requirement to prove an affair in alienation of affection cases—just that someone wrongfully interfered with the marital relationship, meaning a meddling in-law, manipulative friend, or even a therapist who encouraged separation could face liability.
Time Limits and Restrictions
Actions must be commenced within three years from the last act giving rise to the cause of action. Effective October 1, 2009, these suits are limited to conduct occurring before spouses physically separated with intent that separation remain permanent.
Since 2009, only individuals can be sued—corporations can no longer be held liable.
Will Akira See the Money?
Questions remain about whether Akira will collect the $1.75 million, given that Brenay’s income comes primarily from TikTok ad revenue and brand partnerships. Brenay Kennard’s estimated net worth is $240,000, with income from social media partnerships, brand collaborations, and sponsored content.
As of publication, Kennard hasn’t announced whether she plans to appeal the verdict. Judgments can be collected through wage garnishment, property liens, or payment plans, though enforcement may take years depending on the defendant’s assets.
Common Misconceptions About Alienation of Affection
Misconception 1: You can sue your spouse You cannot sue your own spouse in an alienation of affection case—only third parties who interfered with the marriage.
Misconception 2: The marriage must be perfect A marriage doesn’t need to be “happy” or “perfect”—every marriage has ups and downs that don’t automatically constitute alienation of affection. Courts recognize that marriages can have genuine love despite conflicts.
Misconception 3: You must prove adultery While adultery strengthens alienation of affection claims, sexual relations aren’t required—only proof that someone wrongfully interfered with marital affection.
Misconception 4: Lack of knowledge is a defense for both claims Lack of knowledge that someone was married is a defense to alienation of affection but not to criminal conversation—if you engage in sexual intercourse with a married person, a claim may be filed whether you knew their marital status or not.
Latest Updates (November 2025)
The verdict was delivered just hours ago on Monday, November 11, 2025. Kennard and Timothy Montague have since married and announced their engagement in July 2025.
Since the original lawsuit filing, multiple developments have occurred: Brenay’s attorney withdrew, Devon Mayo sued Tim, both Akira and Devon asked for spousal support, and Akira requested custody order reviews.
The case continues to generate viral discussion on TikTok and social media, with users debating personal responsibility, the validity of heart-balm torts, and whether these laws serve justice or simply monetize marital breakdowns.
FAQ: Brenay and Akira Lawsuit
What is the Brenay and Akira lawsuit about?
Akira Montague sued TikTok influencer Brenay Kennard for alienation of affection and criminal conversation, claiming Kennard destroyed her marriage to Timothy Montague through an affair that played out on social media. A Durham County jury awarded Akira $1.75 million on November 11, 2025.
What did the court decide?
The jury found Brenay Kennard liable for both criminal conversation and alienation of affection. The $1.75 million award consists of compensatory and potentially punitive damages for the destruction of Akira’s marriage and the emotional harm caused to her and her children.
What are the legal implications of this case?
This verdict reinforces that North Carolina’s alienation of affection laws remain enforceable despite being abolished in most states. The case demonstrates that social media evidence—including TikTok videos, texts, and online posts—can be powerful proof in heart-balm tort cases. It also shows juries will award substantial damages when affairs are publicly flaunted, especially when children are involved.
How do lower courts apply alienation of affection rulings?
North Carolina courts consistently uphold alienation of affection claims when plaintiffs prove three elements: pre-existing marital affection, loss of that affection, and defendant’s malicious conduct causing the loss. Awards ranging from tens of thousands to tens of millions of dollars show courts consider factors like marriage length, children, public humiliation, and defendant’s financial capacity.
What are common misconceptions about this case?
Many assume Akira could have sued Timothy instead—false, as spouses cannot sue each other for alienation of affection, only third parties. Others believe Tim’s testimony that the marriage was unhappy automatically defeats Akira’s claim, but courts recognize marriages don’t need to be perfect to have genuine love and affection worth protecting.
How does this case relate to other similar cases?
Compared to North Carolina’s largest alienation of affection award ($30 million in Puryear v. Devin), this $1.75 million verdict falls in the mid-range. However, it’s one of the first high-profile cases involving a social media influencer, potentially setting precedent for how online conduct factors into future heart-balm tort claims.
What are the latest updates in the case?
The verdict was delivered Monday, November 11, 2025. Kennard hasn’t announced appeal plans. She faces separate criminal cyberstalking charges from September 2025 for allegedly harassing Akira online. Timothy Montague faces felony charges for bringing a gun into the courthouse during trial.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Case details, legal implications, and applications vary by individual circumstances and applicable law. Consult official court resources or a qualified attorney for specific guidance regarding alienation of affection claims or similar matters.
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
Read more about Sarah