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'Alienation of affection' lawsuit explained as woman sues TikTok star for $3.5m after 'stealing husband'
Home>News>US News
Published 16:30 8 Nov 2025 GMT

'Alienation of affection' lawsuit explained as woman sues TikTok star for $3.5m after 'stealing husband'

The alienation of affection law only stands in a few US states

Callum Jones

Callum Jones

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Featured Image Credit: Instagram/lifeofbrenay

Topics: TikTok, US News, Sex and Relationships, Court

Callum Jones
Callum Jones

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The 'alienation of affection' lawsuit has been explained after a woman sued a TikTok star for a staggering $3.5 million for allegedly 'stealing her husband'.

Back in May 2024, Akira Montague filed a suit in the Durham County Superior Court, claiming Brenay Kennard had committed alienation of affection.

Kennard has garnered over three millions followers combined across TikTok and Instagram, though she is currently having a bit of trouble in the US courts.

While she is known for her makeup, cooking, and mukbang videos, many are now coming to know the content creator for her dispute with Akira.

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She had been married to Timothy Montague, though it is now Kennard who is married to him and regularly appears in her videos viewed by millions online.

Akira, from North Carolina, claims Kennard had an affair with her now ex-husband, which she claims subsequently caused their marriage to break down.

Brenay Kennard is a popular TikToker (TikTok/Brenay Kennard)
Brenay Kennard is a popular TikToker (TikTok/Brenay Kennard)

However, Montague told a Durham County court that he never loved his ex-wife, claiming there were 'more life roommates' and that he only married her because of a housing issue.

What is alienation of affection lawsuit?

Akira was able to file the alienation of affection lawsuit in North Carolina as it is one of the few states in the US that still has the law, which was first introduced way back in the 1850s.

A plaintiff must show that a loving and happy marriage once existed and was ultimately destroyed by a third party.

The Find Law website explains: "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."

Brenay Kennard and Timothy Montague are now married (Instagram/@lifeofbrenay)
Brenay Kennard and Timothy Montague are now married (Instagram/@lifeofbrenay)

Kennard, representing herself, disputed Akira's claims that Montague was ever in love with his ex-wife.

Akira testified that Montague regularly showed signs of affection, including even love notes - something the latter has denied.

"I can’t even recall a time when we held hands," he said, denying claims he ever brought Akira any flowers or wrote any love notes.

Meanwhile, Akira's mother, Veneta Sydnor, recalled moments between the former couple such as feeding each other grapes and even dubbed them as 'inseparable'.

However, Montague insists he was never 'in love with her'.

Akira and Montague were officially separated in March 2024 and divorced in August of that year.

“I loved her, but I wasn’t in love with her,” Montague said.

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