A Durham County jury just handed down one of the highest awards ever in North Carolina for an alienation of affection case. The civil suit, filed last year (2024) by Akira Montague, was against viral TikTok star Brenay Kennard.
According to The News & Observer, after deliberating for roughly an hour and 50 minutes on November 10, a jury ruled in favor of Akira Montague. The Durham County jury awarded her a total of $1.75 million, consisting of $1.5 million for “alienation of affection” and an additional $250,000 for “criminal conversation”.
Akira Montague claimed Kennard had an affair with her husband, Timothy (Tim) Montague. According to the 14-page complaint, Kennard allegedly “verbally flirted” and had a sexual relationship with Tim Montague.
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To successfully pursue an alienation of affection lawsuit in the state, the plaintiff is required to demonstrate three elements: first, the existence of a loving marital relationship; second, the third party’s awareness of the marriage; and third, that the marital relationship was ongoing during the period of the affair.
“When you are thinking about alienation of affection, you have to think about the humiliation that the spouse went through,” Akira Montague’s attorney, Robonetta Jones said, according to ABC11.
“Ms. Kennard flaunted her relationship with a married man. And of course, it went viral, and my client was humiliated as a result of that.”
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Kennard, who has over three million followers on TikTok, was the subject of the 6-day trial. She denied all the allegations against her in court.
During the trial, Akira Montague’s attorney stated that she submitted more than 700 pages of evidence.
“It is a lot,” Jones said. “When you finally are able to tell your truth, she felt a sense of relief.”
Kennard, who was married to Tim Montague’s first cousin, allegedly spent time with Montague and the other couple, according to the civil complaint. The complaint further stated that Kennard used social media to post photos and videos that documented the relationship between both couples.
A motion by Kennard to dismiss the case was denied by a judge, despite Kennard’s claim that the photos and videos presented by Akira Montague were obtained unlawfully.
Akira Montague also asserted that Kennard possessed videos where she made references such as “alluding to how she cannot wait to become Mrs. Montague.”
According to Jones, her client speaks for and represents other women who are experiencing similar circumstances.
“She has a voice for women that have been hurt by friends and by their loved ones. So a lot of people say that they can recognize themselves in my client,” Jones added.
“I believe the message is that there are consequences for interfering with another person’s marriage,” said attorney Jones.
“People have to know that if you interfere and you sleep with someone who’s married, there are consequences in the state of North Carolina, and maybe they will think twice before they do it.”
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After the ruling, Kennard released a statement to People expressing her outrage at the verdict. She described the lawsuit as being “all about money” and claimed that Akira’s legal team had “lied the entire time.”
“The truth will always be the truth, and it’s easy to believe the lies, especially when playing the victim card,” wrote Kennard. “[Akira] may have won the battle but not the war. God will have the final say.”
Timothy Montague, the husband, also told People after the ruling that the verdict was “absolutely outrageous,” claiming Akira Montague’s legal team won by “pulling the sympathy card.”
“It’s easy to make someone out to be the villain when you don’t want to face the truth or take accountability,” he wrote. “The marriage was NOT full of genuine love. All parties involved know that. God will get the glory.”
The case, according to Akira Montague’s lawyer’s statement to People, was focused on “accountability” rather than “vengeance.”
The lawyer asserted that the evidence “overwhelmingly supported” the client’s position that Kennard not only “alienated the affections of Akira’s husband” but also caused “emotional injury” to his children.
Akira Montague, her family, and her legal counsel have extended their gratitude to all those who offered support throughout the process.
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