Dec 10, 2025
Divorce can be costly. But, as it turns out, so can infidelity.
If you had an affair with a married person that ended the marriage, their spouse may be able to sue you — if you happen to live in one of six U.S. states.
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One social media influencer is now discovering the legal and financial ramifications of an affair with her manager, who was married to another woman at the time. North Carolina-based Brenay Kennard, whose TikTok channel boasts 2.9 million followers, (1) is known for her lifestyle and plus-size beauty content.
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More recently, however, she’s gained infamy for running afoul of her state’s “alienation of affection” and “criminal conversation” laws after being accused of breaking up her manager’s marriage and having adulterous sex, according to reports citing the case. (2) On Nov. 10, Kennard was ordered to pay $1.75 million to her manager’s ex-wife.
What exactly is alienation of affection, and in what other states is it applied?
The law behind the judgement
Alienation of affection laws allow a spouse to sue a third party for compensation if they believe the third party caused their spouse to end the marriage. It typically relates to cheating, but it could also be brought against someone who encourages the spouse to seek a divorce, such as a therapist or clergy member.
As such, proof of sexual relations is not generally required for the suit to be successful. To make a successful claim, the plaintiff must show that the marriage was “intact and healthy” and there was “genuine love” between the spouses, according to LegalClarity. (3)
They must also “establish that the love and affection within the marriage were alienated and ultimately destroyed” as a direct result of the third party’s actions, and that those actions were “intentional and designed to interfere with the marital relationship.”
In this case, Kennard was also found guilty of criminal conversation, which — despite its name — is a civil claim against a third party who had sexual intercourse with the plaintiff’s spouse.
To be successful in this type of claim, the plaintiff must prove that a valid marriage existed at the time of the conduct and that sexual intercourse occurred during the marriage and before any physical separation was entered into that was intended to become permanent, says egalClarity. (4)
Despite criticism that alienation of affection laws punish individuals for the voluntary choices of others, there are still six states in which they remain. These include North Carolina, where Kennard was sued, as well as Hawaii, Mississippi, New Mexico, South Dakota and Utah.
In these six states, alienation of affection suits can lead to substantial awards for the plaintiff. In 2018, for example, a North Carolina judge ordered the man accused of seducing a plaintiff’s wife to pay the jilted husband $8.8 million, according to the Raleigh News & Observer. (5) In a case in 2011, the same publication reported the former wife of a trucking company owner was awarded $30 million in an alienation-of-affection suit. (6)
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Making a case
Still, these cases are rare. Only about 200 to 250 such cases are filed in North Carolina each year because they’re “highly personal, require strong evidence, and often face tough legal and emotional challenges,” Rose H. Stout, a family law attorney, wrote for legal news site JD Supra in June of 2025. (7)
She warns that plaintiffs should be prepared for emotional strain and high legal costs, cautioning that proving a case isn’t easy, in part because juries view relationships differently today than they did in past decades.
“Many believe that responsibility regarding the dissolution of a relationship lies directly with the spouse, not necessarily the third party. That makes it harder to convince a jury to hold someone else accountable,” Stout wrote.
If you’re worried about being sued, documentation matters — including timelines and evidence that the marriage was already deteriorating (or vice versa, depending on whether you’re the cheating spouse or the jilted one).
Infidelity can come with many costs, such as broken homes and broken hearts. But, as Kennard discovered, it can also cost you financially — in her case, a whopping $1.75 million.
Article sources
We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.
@lifeofbrenay (1); WRAL (2); LegalClarity (3), (4); Raleigh News & Observer (5); (6); JD Supra (7)
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Vawn Himmelsbach is a veteran journalist who covers tech, business, finance and travel. Her work has been featured in publications such as The Globe and Mail, Toronto Star, National Post, CBC News, Yahoo Finance, MSN, CAA Magazine, Travelweek, Explore Magazine and Consumer Reports.
