November 8, 2025
The trial has gone viral not only for the evidence but also because of the millions being sought.
TikTok creator Brenay Kennard, known online as @LifeofBrenay, is defending herself in an “alienation of affection” for allegedly sleeping with her best friend’s husband. Kennard has more than 3 million followers across social media platforms TikTok, Snapchat, and Instagram.
The suit brought on by Akira Montague seeks $3.5 million in damages from Kennard for having an affair with her husband, Timothy Montague.
In the lawsuit, Akira claims that Kennard engaged with her then-husband Timothy, while they were still married. Additionally, Montague asserts that Kennard shared images of her children on social platforms and publicly engaged in a relationship with Timothy before their divorce was finalized.
Due to the salacious claims being made in the courtroom, bloggers and other content creators have invested interest in the proceedings. The case has gone viral and is also attracting attention because North Carolina is one of only a handful of states where a spouse can sue a third party for allegedly interfering in a marriage. Others include North Carolina, Mississippi, Hawaii, New Mexico, Utah, and South Dakota.
Popular TikTok creator @I’mNotALawyer recapped the case for people who have not been following along.
According to People, Montague filed the complaint in May 2024. The suit states that Kennard “created social-media content” with Timothy without Montague’s knowledge or consent and that the posts “attended to an alleged affair,” including via livestream.
The trial has featured testimony from both Timothy, Devon Mayo, Kennard’s ex-husband who is also a victim of the alleged affair, and other family members. Timothy reportedly told jurors on Nov. 6 that he was “never in love” with Montague and likened their marriage to that of “just roommates.”
Timothy’s claim that he and his wife were “just roommates” goes to undercut the one of the essential elements that proves alienation of affection. According to LegalClarity the following must be proved to meet the legal criteria:
Happy Marriage
The plaintiff must demonstrate that a happy marriage existed with genuine love and affection between the spouses before the alleged interference. This means showing the marital bond was intact and healthy.
Alienation and Destruction of Affection
The plaintiff must establish that the love and affection within the marriage were alienated and ultimately destroyed. This requires proving a direct causal link between the third party’s actions and the breakdown of the marital relationship.
Malicious and Wrongful Acts
The plaintiff must prove that the malicious and wrongful acts of the third party directly caused the alienation and destruction of the marriage. The third party’s actions do not necessarily need to involve sexual intimacy, but they must be intentional and designed to interfere with the marital relationship. This often requires demonstrating that the third party knew of the existing marriage and deliberately acted to undermine it.
Neither party has issued official statements since the case reached the courtroom though Kennard has spoken on social media about the proceedings. The trial, which started Nov. 3, is expected to wrap up on Nov. 10.
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