That's the question the Supreme Court of California had to resolve recently. And to answer this question the attorneys felt it was necessary to explain where their clients had been sleeping.
The case isn't as tawdry as it sounds at first blush.
First Comes Marriage, then the Babies and then ... Divorce
After conceiving their second child in 1999, Sheryl Jones Davis and Keith Xavier Davis stopped being sexually intimate and began sleeping in separate bedrooms.
The spouses took separate vacations on occasions, traveled separately to their children's events, and took care of their own laundry.
Their next step was to handle their finances separately. By 2001, Keith had started a business and opened his own account. Two years later, Sheryl reactivated a separate bank account for her expenses.
Together, they handled routine household expenses.
It was in 2006 that Sheryl formally announced to her spouse that the marriage was over and presented a ledger to him itemizing their household expenses. She proposed that they split certain expenses evenly.
Sheryl went so far as to remove Keith from her credit cards. By July of 2006, she was working full-time and earning a sizeable income. Several months later, Keith left his job.
During this time, they celebrated holidays and birthdays together with the children and seemed to present a unified front for their kids.