If your spouse cheated on you, could you file a lawsuit against the person they cheated with? Could you win over a million dollars from such a lawsuit?
In certain states, it is possible to file a lawsuit for “alienation of affection.” In such claims, a plaintiff must demonstrate that a marriage existed and that a third party interfered with it and caused it to end. Only six states in the United States still recognize alienation of affection as a legal claim: Hawaii, North Carolina, Mississippi, New Mexico, South Dakota, and Utah.
Akira Montague filed a lawsuit against TikTok content creator Brenay Kennard, alleging that Kennard had an affair with Timothy Montague, her ex-husband, and caused her marriage to end. Kennard herself was married to Timothy’s cousin. Kennard has three million followers on TikTok and Instagram. Timothy appears in Kennard’s videos even while he was married to Akira.
Timothy, the ex-husband, testified against Akira at trial. Timothy stated he and Akira only married because of the latter’s housing situation, and that “we were just like roommates” and that “I loved her, but I wasn’t in love with her.” Brenay claims that Akira had given her consent for Brenay and Timothy to be together.
Akira presented evidence that Timothy had frequently shown signs of affection, including love notes and text messages. Akira’s mother testified that the two were “inseparable.” The couple officially separated in March 2024 and divorced in August. Akira filed a lawsuit for alienation of affection against Kennard in May 2024. In November 2025, a North Carolina jury awarded Akira $1.75 million against Kennard.
Alienation of Affection Is a Form of Interference with Contract
Although most states do not recognize alienation of affection, most states do recognize its business equivalent, interference with contract. To win on a claim of interference with contract, the party bringing the claim must prove:
A valid contract with another person.
This contract was known to a third party (the defendant).
A third party interfered with the contractual relationship by intentional and wrongful means.
That interference harmed the contractual relationship.
Interference with contracts claims are often brought when a star employee or player was under contract and then successfully “poached” by a competitor. However, most employment in the United States is “at-will” and thus subject to change at any time by either party for any non-illegal reason. Interference with contract claims only works if the employee was under a valid written contract.
It may be surprising then that the marriage version of interference with contract is not recognized in most states. After all, a marriage is understood in law as a form of contract and there may well be an actual written contract in the form of a prenuptial agreement.
However, most business relationships are arranged solely for monetary purposes. The enticement to end a business relationship is more money. In contrast, a marriage is often for companionship, love, cementing a family, and other non-monetary goals. The “alienation” is not a one-way street. The spouse who is drifting out of the marriage may have non-monetary reasons for wanting out of the marriage. It may be that the marriage would have ended without the third party getting involved at all.
Quantifying the monetary value of a marriage is thus difficult since one cannot estimate how long the marriage would have lasted without outside interference.
Do I Need a Lawyer for My Family Law Issue?
If you have difficulty seeing your child as the holidays approach, you should contact a family lawyer today. A skilled family lawyer can answer your questions, provide guidance on your case, and represent your best interests in court.
