When Jolene Isn't Just a Song
In November 2025, headlines across the country were dominated by a dramatic and unusual legal battle: A North Carolina Court ordered Brenay Kennard, a TikTok influencer with nearly three million followers, to pay $1.75 million to Akira Montague, the estranged wife of her former manager. The claims? Alienation of affection and criminal conversation – two causes of action sometimes referred to as “Jolene laws”.
The case captured national attention because these types of lawsuits have become virtually extinct in modern American law. But North Carolina is one of the few states where a deserted spouse can sue a third party for interfering with a marriage, and win significant financial damages in the process.
For New Yorkers, the story raises the question of whether anything like this happen in New York? And if not, how does New York treat adultery, infidelity, and marital misconduct during a divorce? This week’s blog talks about the bombshell North Carolina case, breaks down how “Jolene laws” work, and offers insight into how New York divorce law handles similar situations, even though these lawsuits do not exist here.
The North Carolina Case: A Modern Marriage Breakdown Meets an Old Legal Remedy
North Carolina’s alienation-of-affection and criminal-conversation laws date back more than a century. Historically, the idea was that a marriage is a protected relationship, and if someone outside that marriage intentionally interferes with it, the innocent spouse can sue for damages.
In the Kennard case, the jury agreed that the influencer knowingly and intentionally contributed to the breakdown of Montague’s marriage, not only through the relationship itself, but through highly publicized social-media content that flaunted the relationship while the husband remained legally married. Photos, videos, and online commentary became a treasure trove of evidence.
At trial, the verdict included $1.5 million for alienation of affection, which compensated the wife for the emotional and relational harm, as well as $250,000.00 for having sexual relations with a married person. For many, this message was clear: posting about a relationship with someone else’s spouse can have real-world legal consequences. However, it is important to note that this case would not have played out the same way in New York.
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Does New York Have a “Jolene Law”? No.
New York abolished “Jolene Laws” decades ago. This means that you cannot sue a third party for adultery, emotional interference, or breaking up a marriage; and you cannot recover damages from someone who has a relationship with your spouse, solely for the reason that the affair happened.
New York’s public-policy rational for abolishing these laws is simple: courts do not want to penalize personal relationships, encourage vengeful litigation, or turn divorce into a public morality trial. However, that’s not to say that adultery has no impact on any divorce proceeding in New York.
How Adultery Can Still Impact a Divorce in New York.
While New York allows for no-fault divorces, citing an irretrievable breakdown in the marriage, adultery can still come into consideration in several key areas of divorce litigation. A skilled divorce attorney can use an affair in divorce negotiations in a number of ways:
Equitable Distribution
While adultery alone does not change how marital property is divided, if there is financial misconduct tied to the affair, it may impact equitable distribution considerations. If a spouse spent substantial marital funds on an affair, such as travel, hotel stays, high-value gifts for the third party, or even transferred marital money to them, a New York divorce lawyer may be able to argue for it to impact the distribution of marital property. In some high-asset cases, the amounts can become eye-watering, from tens of thousands of dollars to even six figures.
Spousal Maintenance
Just like equitable distribution, adultery does not automatically reduce or eliminate alimony. However, courts may consider again whether marital assets were spent on the affair, and whether the dependent spouse’s financial needs increased as a result. An experienced divorce attorney can help you identify if there are any strategic routes to use these considerations in the discussions around spousal maintenance during the divorce litigation process.
Child Custody
Similarly, an affair alone does not impact custody. However, the context of the affair and the conduct of the cheating spouse may play a potential role in custody negotiations. Remember that credibility matters, and a habitual cheater, or someone who exposes a child to instability, conflict, or unsafe situations in the pursuit of their extramarital affair may hurt their case when it comes to custody negotiations during a divorce.
Regardless of whether you are the spouse that was cheated on, or you were the spouse who cheated, speaking with an experienced divorce attorney is critical to understanding your case and the potential ramifications of an extramarital affair. An experienced divorce attorney will help you understand your options and your position for a potential divorce in light of these circumstances.
Why New York Abolished Jolene Laws – And Why They Still Fascinate Us
As we’ve mentioned, New York got rid of alienation-of-affection lawsuits decades ago. The commonly held belief for why New York did this is multifaceted. It is generally thought that by abolishing Jolene Laws, New York was trying to prevent public shaming, the use of blackmail for coercive litigation, turning the marital conflicts into courtroom spectacles. But, the states that still have and enforce Jolene Laws appeal to the public imagination because it seems to offer a sense of accountability.
Infidelity can be emotionally devasting, with long-lasting impacts. It can destroy families, finances, friendships, and tarnish or complicate long-standing plans for the future. But, remember, the court is not here to make a show of our personal battles, it is here to find justice. New York decided a long time ago that these contentious, dramatic battles are not best served in the court, and abolished these laws as a result.
What the Jolene Verdict Says About Marriage in the Digital Age
One of the most striking elements of the case is how social media played a central role. Brenay’s posts, photos, videos, and comments on social media, all showing her public displays of affection with her married interest, became potential evidence. In an era where relationships are documented online, even private affairs can become public, and deeply humiliating, with far-reaching consequences for spouses and children.
Remember that what you post online never truly disappears. What may seem like a fun, temporary moment of amusement can have long-lasting implications down the road. The Kennard verdict is also a reminder that the court of public opinion can be just as punishing as any courtroom – with or without a Jolene Law.
The Jolene Laws in New York May Never Come Back, But the Issues Behind Them Are universal
The North Carolina verdict is dramatic, emotionally charged, and rooted in a law that New York no longer has. But the underlying themes resonate deeply with any couple navigating divorce: betrayal, public exposure, emotional harm, and financial fallout.
While you may not be able to recover money from an affair partner in new York, you can protect yourself financially, legally, and emotionally with the help of a skilled divorce lawyer who understands how adultery intersects with the law in New York.
If you’re facing a divorce, speaking with an experienced New York divorce attorney is the best way to understand your rights and plan for next steps. Reach out to our office today to schedule your initial consultation and get the ball rolling on setting up your next chapter, on your terms.
