A TikTok creator with almost three million followers is on the heart of a headline-making authorized battle after being accused of “stealing” one other girl’s husband, a declare now tied to an enormous $3.5 million lawsuit. Social media star Brenay Kennard, identified for her meals evaluations and recipe movies, is being sued by Akira Montague, the ex-wife of Kennard’s present husband, Timothy Montague, underneath a hardly ever used authorized declare known as alienation of affection. The swimsuit alleges Kennard helped trigger the collapse of the Montagues’ marriage and flaunted the alleged affair on-line earlier than the divorce was finalized. Akira is looking for $3.5 million in punitive and compensatory damages, accusing Kennard of publicly posting content material with Timothy “with out Akira’s data or consent” and sharing pictures of her youngsters. The case, now unfolding in a North Carolina courtroom, has generated intense public curiosity, each for its messy interpersonal drama and for the bizarre regulation on the heart of it.

To know the authorized stakes, The Blast spoke with Jenny Bradley, a North Carolina-based divorce lawyer, mediator, and founding father of Triangle Sensible Divorce, who focuses on high-conflict circumstances and the emotional fallout that usually accompanies them.

Bradley explains that alienation of affection is among the final remaining “coronary heart balm” torts, permitting a partner to sue a 3rd occasion for allegedly destroying the love and affection of their marriage. “Alienation of affection is a declare that lets one partner sue a 3rd occasion for destroying or weakening the love of their partner,” Bradley mentioned. “It’s one of many few remaining ‘coronary heart balm’ torts, that means it’s meant to compensate somebody for the top or disruption of their marriage.”

North Carolina is considered one of solely a handful of states that also permit these claims, and the regulation has been narrowed over time, together with by N.C. Gen. Stat. § 52-13, which restricts when the alleged actions should have occurred. Bradley notes that the declare doesn’t have to focus on a romantic companion. In idea, somebody may sue a therapist, clergy member, or member of the family. However affairs stay the commonest catalyst.

Regardless of the headlines, Bradley emphasizes that alienation of affection claims are extremely uncommon and changing into more and more outdated. “They’re fairly uncommon,” she informed The Blast. “The regulation dates again to a time when ladies have been handled extra like property… Clearly, that pondering doesn’t maintain up in 2025.”

Solely a small handful of states nonetheless permit these lawsuits, and even fewer truly see them filed. Bradley added that Triangle Sensible Divorce doesn’t take these circumstances, calling them emotionally harmful and infrequently strategically unhelpful. “They’re costly, emotionally draining, and preserve shoppers caught within the worst chapter of their lives,” she defined.

Successful an alienation of affection lawsuit is notoriously tough as a result of the burden of proof is so excessive. The plaintiff should present {that a} marriage with real love and affection existed, that the love was destroyed or severely diminished, and that the defendant wrongfully and maliciously precipitated that destruction.

On prime of that, the alleged acts should have occurred earlier than the couple separated, and the lawsuit should be filed inside three years of the final wrongful act. Even when these hurdles are cleared, quantifying emotional hurt is sophisticated and extremely subjective. “How do you place a greenback quantity on heartbreak? You’ll be able to’t,” Bradley mentioned. “The damages can attain tens of millions, however they hardly ever really feel like a quantity primarily based on logic.”

Bradley additionally informed The Blast that she believes most plaintiffs aren’t chasing a payout. “They’re chasing validation, accountability, or, if we’re being trustworthy, revenge,” she revealed, although she stresses that the courtroom can’t present emotional closure. “The authorized system can assign damages, but it surely can’t heal heartbreak.”

She additional predicts that alienation of affection circumstances will fade with time, telling The Blast, “They’re relics of one other period. North Carolina ought to comply with the opposite states which have repealed this regulation.”