'Jolene' law explained as woman is ordered to pay $1.75 million after manager's marriage failed

Most people already pretty much view cheating as crime - but did you know in some American states, it's actually illegal?

In most parts of the world, there's no formal punishment for adultery, but in some places, you could be coughing up some serious money if you betray your partner in this way - or even just play a part in it.

One person who realised this the hard way was Brenay Kennard, a TikTok influencer who has been ordered to fork out $1.75 million for allegedly destroying her manager’s marriage.

According to WTVD, her manager, Tim Montague, cheated on his now ex-wife, Arika Montague, with the TikToker, as per a lawsuit filed in a Durham, NC court.

Ex-wife Ms Montague, who brought the case to civil court, accused Kennard of sparking the end of their marriage by 'seducing' her husband, including getting close to her and using information from their friendship to pursue him, reports NBC News.

TikToker Brenay Kennard will have to fork out $1.75 million after she was found liable for alienation of affection (WRAL)

The suit outlines that the pair got married on October 20 2018, and Ms Montague successfully claimed that the alleged affair caused her mental anguish, damage to her health and deprived her children of a two-parent household.

The adultery allegedly played out in the manager’s home and on Kennard's social media, Akira claimed, adding that her husband eventually left her for Kennard - who was previously married to Montague's cousin, the lawsuit states.

WRAL News reports that Kennard denied the allegations and slammed the verdict, saying Ms Montague knew her marriage was over and allowed the affair to happen.

As we say, Kennard, who has nearly 3 million TikTok followers, had to pay $1.75 million in damages to Ms Montague under North Carolina’s alienation of affection law.

And it could have actually been worse, as Ms Montague had originally sought a whopping $3.5 million in damages from Kennard when she first filed a civil lawsuit in 2024.

Ms Montague’s attorney, Robonetta Jones, told WTVD: "When you are thinking about alienation of affection, you have to think about the humiliation that the spouse went through. Ms Kennard flaunted her relationship with a married man. And of course, it went viral and my client was humiliated as a result of that."

The case has gone viral, with many people surprised this law exists (Getty Stock Image)

What is North Carolina’s alienation of affection law?

Often nicknamed after Dolly Parton's 1973 revenge anthem 'Jolene', North Carolina's alienation of affection law is essentially a law that allows a spouse to sue the person they blame for an affair that ends a marriage.

As per the NY Post, the plaintiff must prove they are in a loving marriage, also that the third party had knowledge of the marriage, and the marriage continued while the affair was going on.

Details that are likely to help a case succeed include Proof of a genuine, loving marriage before the interference and clear evidence of interference by a third party’s actions, such as texts, emails, photos, or witness accounts.

The events also must have happened while the couple were married and living in North Carolina.

According to Smith Debnam attorneys, around 200 to 250 cases are filed in North Carolina each year using this law, however most don’t make it to trial and only a few result in financial awards.

Tyla has contacted Brenay Kennard for comment.