Choice of law in connection with divorce

Justices: Møse, Bergsjø, Østensen Berglund, Thyness, Sverdrup

A Norwegian and a Danish citizen who had been married for many years separated in 2016. They had never lived together in Norway or in Denmark. The last 15 years, they had lived in Switzerland. They agreed on the distribution of assets. However, they disagreed on the woman's claim for special payments from her ex-husband. They also disagreed on which country's law to resolve the dispute. The Supreme Court found like the District Court that the dispute should be resolved under Norwegian law. It was assumed that the claim had to be assessed under spousal support rules rather than under rules of distribution. Norwegian law was then applicable regardless of whether one applied the law of the country where the court was located or the law of the country where the person entitled to support was ordinarily residing. The choice of law had to be based on the circumstances at the time of the judgment. The woman had moved from Switzerland to Norway, had lived here for more than three years, and was now planning to move to the USA. The centre of her life interests was thus in Norway, which meant she had ordinary residence here.