Typically there is a valuation date for the 401(k) (date of separation or date of execution of the separation agreement) or a specific amount of retirement assets stated, and the passive market gains/losses are calculated from the valuation date to the date the money is transferred from one spouse to another.
It sounds like your agreement is written so that there is a specific amount of retirement assets and the passive gains/losses are to be calculated as of the date the separation agreement was signed. That is not typical and I’m not certain whether or not the plan administrator could calculate that.
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