A Durham County, North Carolina judge ordered TikTok influencer Brenay Kennard to pay $40,000 while she appeals a $1.75 million alienation of affection and criminal conversation verdict. The ruling, reported by WRAL News in March 2026, highlights that North Carolina remains one of only six states that still allow jilted spouses to sue a third party for breaking up a marriage, and that these lawsuits carry real financial consequences.
Key Facts
| Detail | Information |
|---|---|
| What happened | TikToker Brenay Kennard ordered to post $40,000 bond during appeal of $1.75M verdict |
| When | March 2026, Durham County, North Carolina |
| Verdict breakdown | $1.5M for alienation of affection + $250K for criminal conversation |
| Who filed suit | Akira Montague, the ex-wife of the man Kennard began a relationship with |
| Key NC laws | N.C. Gen. Stat. § 52-13 (alienation of affection) and common law criminal conversation |
| Bond requested by defendant | $10,000 (rejected by judge, set at $40,000) |
Why This Verdict Matters for North Carolina Family Law
This case is a sharp reminder that North Carolina aggressively enforces its alienation of affection and criminal conversation torts. The $1.75 million combined verdict is not an outlier. North Carolina juries have historically awarded damages well into seven figures in these cases, with one 2010 Guilford County case producing a $9 million alienation of affection verdict that was widely reported at the time.
Alienation of affection and criminal conversation are separate legal claims, though they are almost always filed together. The distinction matters. Alienation of affection requires the plaintiff to prove that a genuine love existed between the spouses, that the love was destroyed, and that the defendant's wrongful conduct caused that destruction. Criminal conversation, on the other hand, has a simpler standard: the plaintiff only needs to prove that sexual intercourse occurred between the defendant and the plaintiff's spouse during the marriage.
The practical significance of this case extends beyond the verdict itself. The $40,000 bond the judge required Kennard to post during her appeal signals that the court views the underlying verdict as solid. Kennard reportedly argued that the lawsuit had destroyed her income from brand deals and social media partnerships, but the judge rejected her request for a lower $10,000 bond. Under North Carolina appellate rules, a defendant must typically post a bond to stay execution of a judgment during appeal, and the bond amount reflects the court's assessment of the appeal's likelihood of success.
How North Carolina Law Handles Alienation of Affection Claims
North Carolina is one of only six states (along with Hawaii, Mississippi, New Mexico, South Dakota, and Utah) that still recognizes alienation of affection as a valid cause of action. Most states abolished these so-called "heart balm" torts decades ago, but North Carolina courts have repeatedly upheld them.
Under N.C. Gen. Stat. § 52-13, these claims are subject to a three-year statute of limitations. The clock starts running from the date of the last act of alienation, not from the date the spouse first learned about the affair. This is a critical distinction that often catches defendants off guard.
To win an alienation of affection claim in North Carolina, the plaintiff must prove three elements:
- The marriage had genuine love and affection between the spouses before the defendant's interference
- That love and affection was alienated and destroyed
- The defendant's wrongful and malicious acts caused the destruction of the marriage
For criminal conversation, the standard is even more straightforward. The plaintiff must prove only two things:
- An actual marriage existed between the plaintiff and their spouse
- The defendant had sexual intercourse with the plaintiff's spouse during the marriage
Notably, North Carolina does not require the plaintiff to prove that the marriage was perfect or that the defendant was the sole cause of the breakup. Even if the marriage was already struggling, a third party who engages in conduct that further alienates the spouses can still be held liable. The North Carolina Court of Appeals confirmed this principle in McCutchen v. McCutchen (2010), holding that a plaintiff need only show that the defendant was a contributing cause, not the sole cause.
Damages in these cases can include compensation for loss of consortium, mental anguish, humiliation, and loss of the marital relationship. North Carolina also allows punitive damages when the defendant's conduct is found to be willful or malicious, which can dramatically increase the total award.
Practical Takeaways for North Carolina Residents
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Understand the financial exposure. North Carolina alienation of affection verdicts regularly exceed $1 million. The $1.75 million verdict in this case falls within the range that Durham County and other North Carolina courts have imposed in recent years. Anyone involved in a relationship with a married person in North Carolina faces real legal liability.
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The three-year statute of limitations under N.C. Gen. Stat. § 52-13 means claims can be filed years after the affair. If you are going through a divorce in North Carolina and believe a third party interfered with your marriage, consult an attorney promptly about whether filing suit makes sense for your situation.
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Social media creates evidence. In the Kennard case, public social media activity played a role in establishing the relationship. North Carolina courts routinely admit social media posts, messages, and photographs as evidence in alienation of affection and criminal conversation proceedings.
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Appeals require posting bond. As this case demonstrates, losing defendants cannot simply appeal and walk away from the verdict. The $40,000 bond Kennard was ordered to post represents a fraction of the total $1.75 million judgment, but it must be paid to proceed with the appeal.
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Brand and income consequences are real but do not reduce the verdict. Kennard testified that the lawsuit destroyed her influencer income, but the court did not treat reputational harm to the defendant as a basis for reducing the bond or the underlying judgment.
Frequently Asked Questions
What is alienation of affection in North Carolina?
Alienation of affection is a civil tort under North Carolina law that allows a spouse to sue a third party who interfered with and destroyed the marital relationship. The plaintiff must prove genuine love existed, that it was destroyed, and that the defendant caused the destruction. North Carolina is one of only six states that still permits these lawsuits, with verdicts regularly exceeding $1 million.
How much can you sue for in an alienation of affection case in North Carolina?
There is no statutory cap on damages in North Carolina alienation of affection cases. Juries have awarded anywhere from tens of thousands to $9 million (Guilford County, 2010). The $1.75 million verdict in the Kennard case, which included $1.5 million for alienation of affection and $250,000 for criminal conversation, falls within the typical range for high-profile North Carolina cases.
What is the difference between alienation of affection and criminal conversation in North Carolina?
Criminal conversation requires proof that sexual intercourse occurred between the defendant and the plaintiff's spouse during the marriage. Alienation of affection is broader and requires proof that the defendant's conduct destroyed the love and affection in the marriage. Criminal conversation does not require proof that the marriage was happy beforehand, while alienation of affection does. Both are civil claims, not criminal charges, despite the name.
Can you file an alienation of affection claim during a divorce in North Carolina?
Yes. North Carolina law allows alienation of affection and criminal conversation claims to be filed before, during, or after a divorce, provided the three-year statute of limitations under N.C. Gen. Stat. § 52-13 has not expired. Many plaintiffs file these claims while the divorce is pending, as the same facts often support both proceedings.
What states still allow alienation of affection lawsuits?
Six states still recognize alienation of affection as a valid cause of action as of 2026: North Carolina, Hawaii, Mississippi, New Mexico, South Dakota, and Utah. North Carolina sees the most filings and the largest verdicts among these states. Most other states abolished these "heart balm" torts between the 1930s and 1980s.
North Carolina's alienation of affection and criminal conversation laws remain some of the most consequential, and least understood, provisions in state family law. If you are navigating a divorce in North Carolina or believe a third party interfered with your marriage, speaking with a qualified family law attorney in your county is the most important step you can take.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.