The call would depend on if the judges consider it to be a split or a straddle. It’s not really a clear anything. If it’s a split, then the ruling would be correct and it would require the top person’s hands to be in contact with the back spot. If it’s a straddle, then it doesn’t have that requirement.
Unfortunately, depending on how far her hips go down during any given performance, it could be viewed either way. If they are wanting to keep doing it like this, I would strongly caution them to make sure to make it a clear straddle position that either pikes at the waist and sits or that doesn’t go beyond a 45 degree angle, like an “X” or “spread eagle” jump. If they don’t, then they risk it getting called for legality.