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Topics: Court, News, US News, Crime, Sex and Relationships
Kit Roberts
Topics: Court, News, US News, Crime, Sex and Relationships
A TikTok star has been ordered to pay $1.5 million in a lawsuit accusing her of 'stealing' someone's husband.
Brenay Kennard must pay the $1.5 million, as well as a further $250,000 for 'criminal conversation', which means having sex with someone's spouse.
Kennard, of Winterville in Pitt County, has some 3 million followers on TikTok, where she posts 'get ready with me' lifestyle videos as well as makeup and cooking tutorials and 'mukbang' videos.
But in May 2024, Akira Montague filed a lawsuit in Durham County Superior Court in which she claimed that Kennard had committed 'alienation of affection'.
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This is an unusual law where someone can effectively sue a third party whom they believe was responsible for the breakdown of their marriage.
North Carolina is one of the few states in the US to have such a law.
Effectively, if your spouse cheats on you and you divorce, you could potentially sue the person they cheated on you with under the 'alienation of affection' rule.
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."
Montague claimed that Kennard had an affair with her husband, Timothy Montague, and had then flaunted the extramarital relationship on social media. Kennard is now married to Timothy.
Following the case, in which she represented herself, Kennard was ordered by a Superior Court judge to pay the eye-watering sum after jurors found in Montague's favour, the News&Observer reports.
In her closing remarks, Kennard claimed that she had not been the factor in the breakdown of the marriage, saying: “This was a marriage that had been falling apart for years."
She also claimed that she was being targeted by the lawsuit due to being an influencer.
Montague was represented by attorney Robonetta Jones, who rejected Kennard's assertion that she was 'drunk' in videos where she was seen twerking on Timothy Montague.
Jones said: “Being intoxicated doesn’t excuse you from twerking on another woman’s husband in the bathroom."
The attorney also drew attention to a Snapchat story on Kennard's account, in which she responds to a question about her legal troubles.
In the response, Kennard said that Timothy was 'worth it'.