Inside The Explosive $3.5M Marriage Scandal Shaking TikTok To Its Core

By Kelly Coffey-Behrens on November 14, 2025 at 4:00 PM EST

///Brenay kennard and tim montouge e
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A TikTok creator with nearly three million followers is at the center of a headline-making legal battle after being accused of “stealing” another woman’s husband, a claim now tied to a massive $3.5 million lawsuit. Social media star Brenay Kennard, known for her food reviews and recipe videos, is being sued by Akira Montague, the ex-wife of Kennard’s current husband, Timothy Montague, under a rarely used legal claim called alienation of affection. The suit alleges Kennard helped cause the collapse of the Montagues’ marriage and flaunted the alleged affair online before the divorce was finalized. Akira is seeking $3.5 million in punitive and compensatory damages, accusing Kennard of publicly posting content with Timothy “without Akira’s knowledge or consent” and sharing photos of her children. The case, now unfolding in a North Carolina courtroom, has generated intense public interest, both for its messy interpersonal drama and for the unusual law at the center of it.

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Inside The Rare ‘Heart Balm’ Law At The Center Of The $3.5M TikTok Marriage Scandal

Brenay Kennard and Timothy Montague
Instagram | Brenay Kennard

To understand the legal stakes, The Blast spoke with Jenny Bradley, a North Carolina-based divorce attorney, mediator, and founder of Triangle Smart Divorce, who specializes in high-conflict cases and the emotional fallout that often accompanies them.

Bradley explains that alienation of affection is one of the last remaining “heart balm” torts, allowing a spouse to sue a third party for allegedly destroying the love and affection in their marriage. “Alienation of affection is a claim that lets one spouse sue a third party for destroying or weakening the affection of their spouse,” Bradley said. “It’s one of the few remaining ‘heart balm’ torts, meaning it’s meant to compensate someone for the end or disruption of their marriage.”

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North Carolina is one of only a handful of states that still allow these claims, and the law has been narrowed over time, including by N.C. Gen. Stat. § 52-13, which restricts when the alleged actions must have occurred. Bradley notes that the claim doesn’t have to target a romantic partner. In theory, someone could sue a therapist, clergy member, or family member. But affairs remain the most common catalyst.

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Why These Cases Still Happen And Why They’re So Rare

Brenay Kennard and Timothy Montague
Instagram | Brenay Kennard

Despite the headlines, Bradley emphasizes that alienation of affection claims are highly unusual and becoming increasingly outdated. “They’re pretty rare,” she told The Blast. “The law dates back to a time when women were treated more like property… Obviously, that thinking doesn’t hold up in 2025.”

Only a small handful of states still allow these lawsuits, and even fewer actually see them filed. Bradley added that Triangle Smart Divorce does not take these cases, calling them emotionally destructive and often strategically unhelpful. “They’re expensive, emotionally draining, and keep clients stuck in the worst chapter of their lives,” she explained.

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Why This TikTok Viral ‘Marriage Breakup’ Lawsuit Faces An Uphill Battle

Brenay Kennard selfie
Instagram | Brenay Kennard

Winning an alienation of affection lawsuit is notoriously difficult because the burden of proof is so high. The plaintiff must show that a marriage with genuine love and affection existed, that the affection was destroyed or seriously diminished, and that the defendant wrongfully and maliciously caused that destruction.

On top of that, the alleged acts must have occurred before the couple separated, and the lawsuit must be filed within three years of the last wrongful act. Even if those hurdles are cleared, quantifying emotional harm is complicated and highly subjective. “How do you put a dollar amount on heartbreak? You can’t,” Bradley said. “The damages can reach millions, but they rarely feel like a number based on logic.”

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$3.5M Lawsuits Are Really About Revenge

Brenay Kennard and Timothy Montague
Instagram | Brenay Kennard

Bradley also told The Blast that she believes most plaintiffs aren’t chasing a payout. “They’re chasing validation, accountability, or, if we’re being honest, revenge," she revealed, though she stresses that the court cannot provide emotional closure. “The legal system can assign damages, but it cannot heal heartbreak.”

She further predicts that alienation of affection cases will fade with time, telling The Blast, "They’re relics of another era. North Carolina should follow the other states that have repealed this law.”

Divorce Attorney’s Urgent Warning Amid Viral TikTok Lawsuit

Brenay Kennard selfie
Instagram | Brenay Kennard

Bradley offers a clear, simple warning. “Keep your breakup off the internet. Truly," she stressed. "Nothing good comes from letting millions of strangers weigh in on the most painful part of your life.”

She advises leaning on therapy, trusted friends, and professionals, not social media followers. “Screenshots don’t disappear," she reminded people. "The quieter you keep your private life, the faster you’ll feel like yourself again.”

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