In What US States is Alienation of Affection Legal? TikToker Fined $1.75M For Destroying a Marriage

A North Carolina jury has ordered social media influencer Brenay Kennard to pay $1.75 million to her manager's ex-wife after finding her liable for destroying their marriage—a verdict made possible by an antiquated legal doctrine that survives in just six American states.

The 10 November ruling represents the third-highest award in North Carolina history for an 'alienation of affection' case, a type of civil lawsuit that allows a spouse to sue a third party they believe responsible for breaking up their marriage. Kennard, who commands nearly three million followers on TikTok, was found liable for both alienation of affection and 'criminal conversation'—the legal term for engaging in sexual relations with someone else's spouse.

The Case That Captured International Attention

Akira Montague filed the lawsuit in May 2024 against Kennard, alleging the influencer seduced her then-husband Tim Montague whilst serving as his manager. The 14-page complaint accused Kennard of 'verbally flirting' and carrying on a sexual affair with Tim Montague, whom she later married following his divorce.

During the six-day trial, Montague's legal team presented more than 700 pages of evidence, including photographs, videos, and text messages. The lawsuit claimed that Kennard 'flaunted her affair and romantic relationship... in public and private places' to her millions of social media followers, posting videos expressing her desire to become 'Mrs Montague' and have 'four to five kids' with him.

The jury awarded Montague $1.5 million for alienation of affection and $250,000 for criminal conversation. Kennard, who faces no criminal charges, disputed the verdict, claiming Akira Montague had given her consent to the affair. Montague denied the allegation.

A Legal Relic From Another Era

Alienation of affection laws trace their origins to English common law, when wives were considered property and a husband could seek compensation for the 'theft' of his spouse. The concept arrived in America during colonial times, with New York becoming the first state to codify it in 1864.

By the 1930s, concerns about blackmail and extortion led lawmakers to question the laws' validity. Indiana became the first state to abolish them in 1935, and 42 states have since followed suit. Even England, where the doctrine originated, banned it in 1970.

Yet six states continue to recognise alienation of affection claims: Hawaii, Mississippi, New Mexico, North Carolina, South Dakota, and Utah. (Some legal sources also reference Illinois, though this remains disputed in current case law.)

To succeed in such a lawsuit, plaintiffs must typically prove three elements: that genuine love and affection existed in the marriage; that this affection was destroyed or alienated; and that the defendant's conduct contributed to the loss. Notably, proof of sexual intercourse is not required for alienation of affection claims, though it is necessary for criminal conversation charges.

Million-Pound Verdicts and High-Profile Cases

North Carolina has become particularly notorious for substantial alienation of affection awards. In 2011, Carol Puryear was awarded $30 million against Betty Devin in the largest such settlement in state history. In 2010, Cynthia Shackelford received $9 million from Anne Lundquist, who had an affair with her husband.

More recently, in 2021, former state Senator Rick Gunn settled a lawsuit filed by Arthur Johns for $3 million after Gunn was accused of conducting a long-running affair with Johns' wife, who served as his legislative assistant.

The law has ensnared public figures beyond politics. In 2018, NFL star Fletcher Cox faced a lawsuit from a North Carolina man who claimed the footballer had an affair with his wife; the case ended in an undisclosed settlement.