TikToker Brenay ordered to pay $40,000 to husband’s ex-wife in $1.7M “alienation of affection” case
North Carolina TikTok influencer Brenay Kennard, who lost a highly publicized “alienation of affection” lawsuit, has been ordered to pay $40,000 as she appeals a multimillion-dollar judgment tied to the breakdown of a marriage.
Akira Montague, who won the $1.7 million judgment against Breny, and her mother testified during Tuesday’s hearing.
Kennard’s lawyer asked for a $10,000 undertaking, or commitment, while the appeals process of the verdict continues. Judge Hoyt Tessener sided with Akira Montague’s request for a $40,000 undertaking.
Brenay Kennard, a social media creator with millions of followers, was previously found liable in a civil lawsuit brought by Akira Montague, the ex-wife of Kennard’s now-husband, Timothy Montague. The lawsuit accused Kennard of interfering in the marriage and engaging in an affair that led to its collapse.
In November 2025, a jury sided with Montague, awarding her $1.75 million in damages—including $1.5 million for alienation of affection and $250,000 for “criminal conversation,” a legal claim related to sexual relations with a married person.
These types of lawsuits are rare and only recognized in a handful of U.S. states, including North Carolina.
As Kennard appeals the verdict, a judge ruled she must pay $40,000 upfront, known as an “appeal bond” or undertaking, while the case moves through the appeals process.
Kennard’s legal team had requested a lower amount of $10,000, arguing that her income had dropped due to reputational damage and fewer brand deals. However, the court determined her financial situation had not significantly changed and sided with Montague’s request for the higher payment.
“Since the allegations that have been upon me: stalker, a jezebel, a liar, a cheater, all of those things, it really just doesn’t look good to the public eye as far as these brands I used to get,” Kennard said.
During the hearing, Kennard claimed the lawsuit had led to a surge of negative online attention and reduced earning opportunities. She also cited increased expenses tied to supporting her household and stepchildren.
Montague’s attorney challenged those claims, pointing to ongoing spending habits and arguing that Kennard’s financial situation remained stable. The judge ultimately agreed, stating the judgment had “no meaningful impact” on her income.
Social media played a major role in the case. According to court filings, posts and videos featuring the relationship between Kennard and Timothy Montague were used as evidence, with claims that the relationship was publicly displayed while he was still married.
Legal experts note that such online content can strengthen alienation-of-affection claims by providing direct or circumstantial evidence of a relationship and its impact.
Kennard’s appeal is currently pending before the North Carolina Court of Appeals. If the original verdict is upheld, she could remain responsible for the full $1.75 million judgment.
The case continues to draw national attention, not only for its high damages but also for highlighting a controversial and rarely used legal doctrine that still exists in a few states.
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