When we separated, we went through mediation and as a part of that we gathered the balances of all our accounts. The mediator worked with us to define how assets would be distributed based on the balances on the date of separation. We never signed the agreement. Now, 7.5 months later, stbx says he wants to modify the agreement to include the current balances (my 401k is worth more than his and has therefore grown more than his over this time period) so that the amount I owe him is more than what it would have been then.
I told him that the gains/losses are not marital assets after the time of separation and he says they are marital assets until we are legally divorced. Who is correct?