A North Carolina TikToker who was ordered to pay $1.75 million on November 10, 2025, has had her motion for a new trial approved by the Durham County Courthouse. According to the NC Judicial Branch, the new trial is scheduled for Thursday, December 18, 2025, at 10 a.m. EST.
The motion was granted pursuant to North Carolina General Statutes § 1A-1, Rule 59, which outlines the circumstances under which a court may grant a new trial. These include situations where a party did not receive a fair trial due to irregularities, misconduct by the jury or the prevailing party, or unforeseen events that could not have been reasonably anticipated. A new trial may also be ordered if significant new evidence emerges that could not have been discovered earlier, if the jury disregarded the judge’s instructions, or if the damages awarded were clearly influenced by passion or prejudice. Additionally, a judge may grant a new trial if the verdict is unsupported by the evidence, is legally improper, if a legal error occurred during trial and was properly objected to, or for any other historically recognized reason.
According to the North Carolina BEAT, Brenay Kennard argues that the jury’s $1.75 million award was influenced by emotion, insufficient evidence, and the breakdown of her legal representation just months before trial. Kennard, who previously represented herself, is now represented by Schupp and Hamilton in Hillsborough, NC.
The November 2025 judgment stemmed from a lawsuit filed by Akira Montague on May 28, 2024. Akira claimed that she was deprived of love, affection, and marital stability as a result of her then-husband Timothy Montague’s affair with Kennard. The complaint alleged that Kennard and Montague became romantically involved both privately and publicly, frequently appearing together on Kennard’s social-media platforms (username: @LifeofBrenay), where she has nearly three million TikTok followers and close to 280,000 followers on Instagram. Akira stated that the affair led to the end of her marriage, causing her emotional distress, health issues, and the loss of a stable family life.
“I literally was like dizzy. Like I was about to faint,” Akira Montague told WTVD when she learned about the affair, describing the feeling as being sick to her stomach.
“It was like I had got hit by a car… and the emotion of like, ‘Oh my God, I can’t believe I’m alive right now,’” she added. “I was raised to respect the marriage. I was raised to respect God. So loyalty, marriage, the white house with the picket fence, and the dog and the kid — that’s me. I was deeply in love with that man. I would do anything for him. I made sure that I put him first, and I shouldn’t have.”
Akira was represented by attorney Robonetta B. Jones of the Law Offices of Robonetta B. Jones, PLLC, in Raleigh, NC. Jones and Akira presented more than 700 pages of evidence, including photos, videos, and text messages, successfully arguing that Akira was harmed under North Carolina’s Alienation of Affection law, resulting in her being awarded $1.75 million.
Akira also told WTVD that she received hate messages and death threats because of the affair. She claims that Kennard has shown no remorse, while Kennard has accused Akira of being bitter for taking her husband to court. Jones also asserted that Kennard “couldn’t wait to become Mrs. Montague.” Timothy, who was also Kennard’s manager, is now married to her.
“And of course it went viral, and my client was humiliated as a result of that,” Jones argued, referring to the widespread online attention.
Akira and Timothy were married on October 20, 2018, separated in March 2024, and finalized their divorce in August 2024. They share two children aged 4 and 6.
Kennard has argued that she had nothing to do with the couple’s separation and claims the marriage was already over before their relationship began.
Following the verdict in Akira’s favor, a WRAL reporter asked Kennard how she planned to pay the $1.75 million judgment. Kennard replied, “I don’t know… but she’ll probably never see it.”
Alienation of Affection in North Carolina is a rare common-law claim that allows a married or formerly married person to seek damages from someone who allegedly interfered in their marriage and caused the loss of love, support, or companionship. Only a handful of states still permit this type of lawsuit, including Hawaii, Illinois, Mississippi, New Mexico, South Dakota, Utah, and North Carolina, according to Sodoma Law.
