In what can only occur in our modern, social media-driven times, a North Carolina woman is found liable for breaking up a marriage and ordered to pay $1.75 million dollars to the wronged spouse. And her own TikTok videos were exhibits!!

Alienation of Affection allows the wronged spouse in a marriage to sue the “significant other” of the guilty spouse for the breakdown of the marriage.  There are only 6 states in the country that still recognize AOA, but North Carolina and Mississippi are amongst them, and as recently as the 1990’s our Courts have refused to abolish this tort, reaffirming its place in the Mississippi legal system.

So what is AOA?

The elements are;

1) Wrongful Conduct (ie: adultery, though not required),

2) loss of affections, and

3) a causal connection.  

All 3 must be present for a viable claim.  There is a 3-year statute of limitations in which to bring the claim, beginning when the loss of affection is finally accomplished.

One of the issues that made this case especially egregious is that a tiktok video indicated that Brenay Kennard bought a pregnancy test after saying “I am getting down and dirty in the sheets.” At trial Kennard denied being sexually active at that time.

Another video featured Kennard saying, “I make her very uncomfortable.” Kennard admitted “her” referred to Akira Montague (the wife), but said “uncomfortable” could mean many things. She again denied being sexually active with Timothy Montague while he and Akira were together.

The jury did not buy it.

*As an aside, North Carolina has AOA and a separate tort called “criminal conversation” which only requires proof of sex with a married person for the “significant other” to be liable for damages.  It does not require loss of affections or a causal connection or even a real relationship.

Thirteen years ago I typed these prophetic words, “So what is the take away here?  Just because you are not married does not mean you have no culpability in an affair.  You will  be a necessary witness in the divorce case and stand a chance of getting sued yourself for AOA.  And if you go to North Carolina, you better behave.“

$1.75 million dollars later and the above words are still true today!!

Matthew Thompson is a family law attorney in Mississippi and reminds you Alienation of Affection is alive and well and can make you pay!!