Influencer Brenay Kennard is being sued for alienation of affection. What is that?
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- Influencer Brenay Kennard faces lawsuit alleging alienation of affection in NC.
- North Carolina remains one of few states with alienation of affection laws.
- Plaintiffs must prove marital love existed and was destroyed by third party acts.
The recent arrest of a North Carolina-based influencer accused of cyberstalking has brought a separate lawsuit against her back into the spotlight.
Brenay Kennard, an influencer with over 3 million followers on TikTok, was sued in 2024 for, among other offenses, alienation of affection — a law that allows jilted spouses to sue people for wrecking marriages.
Kennard was arrested Tuesday and charged with cyberstalking Akira Montague — the same woman who sued Kennard for allegedly having an affair with Montague’s husband, Timothy Montague.
North Carolina is one of a few states that still have alienation of affection provisions on the books despite attempts to repeal the state law, which originated when men still considered women property, in the 1850s.
In 2017, Democrats sponsored legislation to abolish the law, but they were the minority party and it failed.
That same year, a judge on the N.C. Court of Appeals wrote that the law was “born out of misogyny” but said it remained constitutional under state law.
In 2009, the state, under Democratic control, made small changes narrowing when someone can take action against their spouse and another person for adultery, as previously reported by The News & Observer.
What does someone filing an alienation of affection lawsuit need to prove?
David Simmons, senior attorney at Charlotte-based family law practice Sodoma Law, told The News & Observer in 2023 that a person filing a lawsuit must prove three things:
- A marriage involving love and affection existed.
- The love and affection was alienated and destroyed.
- The love was destroyed because of the acts of the third party.
To prove these factors, a plaintiff would need testimony, photographs or other evidence showing they spent time together and did things a normal couple would do.
Often, “if you’re the plaintiff, and you’re bringing this alienation of affection lawsuit, it’s pretty easy to show that your marriage has been destroyed because they’re usually not with their spouse anymore,” having signed a separation agreement or finalized a divorce, Simmons said.
“With respect to that, love and affection being destroyed by the acts of the third party: I’ll tell you, a lot of times that’s where the fight is. So you may say, ‘Yeah, we had love and affection during our marriage. Yes, the love and affection was destroyed.’
“But you will have the defendant coming in saying, ‘It wasn’t my fault. There were other things happening in that marriage that caused it to be destroyed by some act that you did,’” Simmons said.
Other high-profile alienation of affection lawsuits in NC
- In 2011, a Raleigh judge awarded $30 million to Carol Puryear who sued a woman who slipped her number to Puryear’s husband, a trucking company owner, at a funeral.
- In 2017, former Philadelphia Eagles defensive tackle Fletcher Cox settled an alienation of affection lawsuit filed by a Huntersville man who alleged Cox had seduced his wife. Cox admitted no liability but settled the lawsuit the following year.
- In 2018, a Durham County judge awarded $8.8 million in a lawsuit against the man who reportedly seduced BMX bike show personality Keith King’s wife.
- In 2023, while still N.C. House speaker, now U.S. Rep. Tim Moore was sued for alienation of affection by former Apex council member Scott Lassiter. Lassiter sought $25,000 in damages but dropped the lawsuit weeks later, WRAL reported.
- In May 2025, former Carolina Panthers wide receiver and current NFL analyst Steve Smith Sr. was sued for alienation of affection, accused of having an affair with a member of the Baltimore Ravens’ marching band. The band member’s husband is seeking $100,000 in damages. Smith’s lawyer filed a motion to dismiss in July, the Charlotte Observer reported.
This story was originally published September 12, 2025 at 12:54 PM.
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