Durham County panel finds TikTok creator liable for alienation of affection and criminal conversation.
DURHAM, N.C. — A Durham County jury has ordered TikTok influencer Brenay Kennard to pay $1.75 million to her manager’s ex-wife, concluding Monday that an affair helped end the couple’s marriage and violated North Carolina’s civil laws on alienation of affection and criminal conversation.
The verdict caps more than a year of public dispute involving social media posts, a high-profile relationship and a rarely used legal claim still allowed in a few states. Plaintiff Akira Montague argued Kennard knowingly pursued a relationship with Montague’s then-husband, Tim Montague, who also worked as Kennard’s manager, and flaunted it online while the marriage continued. Jurors awarded $1.5 million for alienation of affection and $250,000 for criminal conversation, a claim that covers sexual conduct with a married person. No criminal charges are involved. The case drew wide attention because of Kennard’s large following and the size of the award.
The civil lawsuit was filed in May 2024 in Durham County Superior Court. Testimony described the Montagues’ relationship from 2018 through the period when Kennard’s popularity climbed and Tim Montague began appearing in her videos. Kennard, who has millions of followers across platforms, often posted “day-in-the-life” clips and vlogs that featured Tim by name. Akira Montague told the court the attention and content humiliated her and harmed her health, and said the affair deprived her two children of a two-parent home. During closing arguments Monday, Kennard — who represented herself — said she “couldn’t be the reason” the marriage ended and argued the relationship had already broken down. After roughly two hours of deliberation, jurors returned the $1.75 million award.
In court filings and at trial, Akira Montague alleged Kennard “engaged in behavior designed to seduce” Tim Montague and publicized the relationship in private and public settings. The complaint said some posts were made without Akira’s knowledge or consent and that photos of her children appeared on Kennard’s accounts. Tim Montague testified the marriage had been more like a roommate arrangement since 2021 and that he was no longer in love; Akira disputed that, saying he continued to come home on weekends and that they maintained marital relations. After the verdict, Kennard called the outcome “outrageous” and said it was “all about money.” Tim Montague also criticized the decision, saying it relied on sympathy. Akira’s attorney, Robonetta Jones, said her client “received justice from losing her husband and the father of her children.”
North Carolina is among the few states that still recognize alienation of affection and criminal conversation, civil claims that allow a spouse to seek damages from a third party alleged to have undermined a marriage. Similar suits have periodically drawn headlines in the state, including large awards in the past decade. Legal scholars note the claims’ roots in older marital law; critics say they are outdated, while supporters argue they provide a remedy for families harmed by intentional interference. The Durham case stood out because it involved a prominent social media figure and a documented online relationship, giving jurors a stream of public posts to weigh alongside witness testimony and messages entered into evidence.
Following Monday’s verdict, the court entered judgment for $1.75 million — $1.5 million for alienation of affection and $250,000 for criminal conversation. As with other civil cases, Kennard can seek post-trial relief or appeal; in North Carolina, civil appeals generally must be noticed within a set window after entry of judgment. Attorneys did not announce immediate plans in court. No criminal proceedings are pending. Any further hearings would address post-judgment motions or collection, and an appeal would move the dispute to an appellate panel to review alleged legal errors from the trial.
Outside the courthouse, the case reverberated in Durham. Some residents said the award underscored how public online lives can spill into courtrooms. “People think the internet is just content, but juries are looking at it as evidence,” said Tamara Lewis, who works near the courthouse. Others focused on the size of the award compared with local wages and costs. In statements released after the decision, Kennard vowed to keep fighting, while Akira’s legal team framed the result as about accountability rather than vengeance. “The evidence overwhelmingly supported my client’s stance,” Jones said, adding that the family appreciated community support during the trial.
As of Wednesday, the judgment stands at $1.75 million. Any notice of appeal or post-trial motion would be the next public milestone expected in the coming days once the clerk’s office finalizes the written order.
Author note: Last updated November 12, 2025.