In re Marriage of Davis

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

The parties2 were married on June 12, 1993. They have two children, a daughter born in August 1995 and a son born in November 1999. The couple stopped being sexually intimate in 1999, after their son was conceived. They also did not go out on any

1 The trial court certified the issue for appeal and we agreed to hear it. (Cal. Rules of Court, rule 5.392.) All further statutory references are to the Family Code unless otherwise stated. 2 As is customary in marital dissolution actions, we refer to the parties hereinafter by their first names. (In re Marriage of James and Christine C. (2008) 158 Cal.App.4th 1261, 1264, fn. 1.) ―dates‖ after their son was born. The parties disagreed as to when they stopped sharing a bedroom. Xavier testified Sheryl moved to another bedroom in 2001, while Sheryl testified this happened in 2004. The parties maintained a joint bank account. In 2001, Xavier was earning approximately $180,000 per year and Sheryl was earning about $115,000. In 2003, Sheryl opened a separate bank account that she used to manage her business funds and allocate money for personal expenses. In January 2006, Xavier accepted a job…