When relationships end badly, most people grieve the breakup privately—leaning on friends and family, or letting time heal the wounds. You may even notice lovey-dovey photos of said exes being secretly wiped from social media. But in the odd case of TikTok creator Brenay Montague, heartbreak doesn’t stay private. It can become an all-out legal war.
Brenay Kennard (now Montague) is a North Carolina-based TikTok influencer with millions of followers who made national headlines for a love triangle gone viral. Brenay was previously married to a man named Devon Mayo, and the couple would regularly hang out with his cousin, Tim Montague, and his then-wife, Akira Montague. According to a lawsuit filed by Akira, Brenay seduced and had an affair with Tim, at which time, Brenay had been living with them while physically separated from Devon.
Akira’s complaint alleges that Tim and Brenay engaged in repeated sexual encounters, exchanging messages and videos, flaunting their affair online. The complaint says that Brenay even went as far as to share pictures of Akira and Tim’s children online without Akira’s consent.
We spoke to Robonetta B. Jones, Esq., the attorney who represented Akira in court, to find out more about the ins and outs of the alienation of affection law (specifically in North Carolina), and what others should know—whether you’re figuring out your options, planning to file a similar suit, or entertaining someone you shouldn’t.
When a Breakup Becomes a Lawsuit
After a six-day trial, Akira won her lawsuit, and Brenay was ordered to pay $1.75 million for alienation of affection and $250,000 for criminal conversation. According to Jones, criminal conversation is defined as “having sexual intercourse with another person’s spouse,” while alienation of affection is “malicious interference by a third party” that “severed the bonds of matrimony.” Immediately after the verdict, Brenay told a local news station that Akira would probably never see the money. Since then, Akira’s team has filed a writ of execution, making it possible for Brenay’s personal property, vehicle, bank accounts, or other non-exempt property to be seized to satisfy the judgment.
Jones says there was plenty of evidence documented online that she believes tipped the scales in Akira’s favor.
“My client was extremely honest about having genuine love and affection in the marriage,” Jones says. “They went on several family vacations. Prior to the date of separation, they spent Christmas together. That showed there was genuine love and affection in the marriage, and then [we were] able to prove that this third party interfered. So there were things such as [Tim and Brenay] flirting and it was posted online. One of the videos that [I showed] was something that Ms. Kennard posted online when she and Mr. Montague would go out on these shopping trips while my client was at work and unaware that they were doing these things.”
When it comes to a jury determining accountability for the alienation of affection charge, Jones explains that loss of consortium is strongly considered. “What that means is the loss of the spouse, future earnings, and the loss of companionship. So you think that you’re going to be with this person for the rest of your life and now you’re not as a result of the third party’s interference. So now you have lost your companionship. One of the things that [Akira] testified is that she lost her best friend and the father of her children. And then you also have to think about emotional distress. Because of the betrayal of her friend, my client now has PTSD. You never know how that will affect someone.”
A Law Rooted in the Past, Resurfacing in the Present
This case rests on a legal doctrine commonly known as alienation of affection—one of several “heart balm” laws that once allowed spouses to sue third parties for disrupting a marriage. Though most states have abolished these laws, seven states (North Carolina, Mississippi, Hawaii, South Dakota, Utah, Illinois, and New Mexico) still allow them under narrow confines.
“North Carolina loves to protect the sanctity of marriage,” Jones explains. “And so by having these laws, we hope it helps prevent a third party from coming in and interfering with the marriage, especially if [the couple] is not physically separated, they’re still together, and there’s love and affection in the marriage. So I believe that it applied back then when they enacted the law, and also now.”
The law’s existence in North Carolina and other states where it’s still upheld means romantic relationships are not purely private—they’re deserving of legal protection when harm feels deliberate.
Can Emotional Harm Be Proven?
One of the biggest challenges in cases like this is proof. Love doesn’t always leave paper trails. Courts that allow these claims require plaintiffs to demonstrate not just heartbreak, but intentional interference and material damage. And since Brenay and Tim’s tryst was well-documented on social media, it certainly worked in Akira’s favor.
When asked if the alienation of affection has to turn physical in order to sue, Jones says that can be a bit of a gray area. “You could take it to trial and say there was emotional interference by the third party, but physical proof is a stronger argument, to be honest.”
In this case of Brenay and Akira, Jones says there was clear betrayal because “my client [Akira] and Ms. Kennard were actually close friends, even though [Brenay] denies it. They had a friendship and they actually went on double dates.” And again, being chronically online ultimately hurt Brenay’s case, because, according to Jones, there are social media posts in which Brenay referred to Akira as her cousin.
Love, Law, and Internet Judgment
The fallout from this lawsuit has been immeasurable. During a recent appearance on the Tamron Hall Show, Brenay admitted to losing a significant amount of followers, brand deals, and income. Complicating matters further, Brenay is undoubtedly losing in the court of public opinion. As details of the case circulated online, the masses turned against the TikTok creator quickly, to the point where the 26-year-old had to deactivate her comments. Conversely, Akira has been getting an outpouring of love and support amidst the announcement that she and her new boyfriend are expecting a baby girl.
According to Jones, the reactions from other women are more about uplifting Akira, whose story is all too familiar. “I believe that my client resonates with a lot of women, all women, who have dealt with betrayal or someone cheating on them in some form or fashion and being betrayed. She feels supported and she really appreciated everyone showing up. And I did as well because it’s an amazing feeling to know that I’m advocating for someone when they felt they lost a voice.”
Jones also believes Akira’s victory was hard won after years of remaining silent. “I told [Akira] ‘I want you to remain quiet and then your truth will be told.’ So for about a year and a half, she didn’t say anything and her truth was told to the world. Now the world gets to know what happened because Ms. Kennard was online painting a narrative, saying whatever she wanted to say.”
What Comes Next
Devon Mayo, the betrayed ex-husband of Brenay, is also being represented by Jones and has a pending lawsuit against Tim Montague (he’s the third-party in this case). In his suit, Mayo is requesting alimony, equitable distribution, and coverage for his attorney fees. On top of her outstanding judgment, Brenay is also facing charges of cyberstalking Akira that are currently in open litigation. In the meantime, Jones has been inundated with calls from prospective clients who have experienced infidelity and are now looking to have their day in court. Jones says that while she probably won’t take on all of these cases, she does have advice on what you’ll need if you want to take similar action.
“Gather all evidence to prove that there was genuine love and affection in the marriage. Also, any evidence of infidelity such as hotel receipts, things of that nature,” she says. “Evidence is important. For example, [Tim Montague] got on the stand and said he never loved my client. And so how do you prove that? You have to show your trips, love notes, voice memos…all of that can help your case.”