Methodology & Compliance
How ClearSplit calculates property division — our algorithms, data sources, and verification process.
Distribution Models
ClearSplit applies two distinct calculation models based on state law:
Community Property States (9 states + opt-in)
In community property jurisdictions (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin), the default starting point is a 50/50 split of all marital assets acquired during the marriage. ClearSplit identifies separate property (pre-marital, inherited, gifted) and excludes it from the community estate before calculating division.
Equitable Distribution States (41 states + DC)
In equitable distribution jurisdictions, courts divide property "fairly" — not necessarily equally. ClearSplit applies each state's statutory factors (marriage duration, earning capacity, contributions, health, custodial responsibilities) as weighted inputs. The default split adjusts based on the income disparity model configured for each jurisdiction.
Income Adjustment Models
Three income-disparity models are applied depending on state statutory guidance:
- Ratio-based: Adjusts split proportionally to income disparity between parties
- Threshold-based: Applies adjustment only when income disparity exceeds a statutory threshold
- Factor-weighted: Income is one of N statutory factors, weighted alongside marriage duration, contributions, etc.
Cryptographic Provenance System
Every state law rule in ClearSplit's engine carries a cryptographic chain of custody:
- Source fetch: The statutory text is retrieved from the official state legislature website
- SHA-256 hash: The source body is hashed at fetch time, creating an immutable fingerprint
- Attorney review: A licensed attorney in the relevant jurisdiction reviews the rule interpretation
- Sign-off record: The reviewer's name, bar ID, review date, and notes are stored alongside the hash
- Staleness detection: If the source body changes (hash mismatch on re-fetch), the rule is flagged for re-review
Every rule traces back to a specific statutory text at a known point in time. Each rule also carries a confidence label — AI-drafted, source-verified, or attorney-signed-off — shown on its Law Library page. The current rule set is AI-drafted from official statutory sources; attorney sign-off is in progress and recorded per-state as it completes. We do not label a rule attorney-verified until an attorney has signed off against its source hash.
Marital Settlement Agreement Generation
ClearSplit generates state-specific MSA documents using jurisdiction-aware templates. Each template incorporates:
- State-required disclosure language and statutory citations
- Jurisdiction-specific property classification terminology
- Required notarization and witness clauses per state rules of civil procedure
- Court-specific formatting where mandated by local rules
Data Handling & Security
- All financial data is encrypted at rest (AES-256) and in transit (TLS 1.3)
- Case data is logically isolated — no cross-party access without explicit invitation
- Automatic data retention policy with configurable purge timelines
- Full audit log of every access and modification to case data
- SOC 2 Type II controls in progress
Limitations
ClearSplit's calculations have known limitations that users should understand:
- Judicial discretion cannot be modeled — courts may deviate from any formula
- Complex assets (business valuations, stock options, pensions) require professional appraisal
- Tax consequences of division are estimated, not definitive — consult a CPA
- Interstate property (assets in multiple states) may involve conflict-of-laws analysis beyond this tool's scope