Mark Jay Heller tells The Associated Press that the arbiter's decisions on custody and finances is "a work in progress." He says the couple has not signed off on it.
The former "Jon & Kate Plus 8" stars, the parents of eight children, are divorcing after 10 years of marriage.
The divorce is pending in Pennsylvania's Montgomery County, although the family home is in neighboring Berks County. Heller says the divorce arbiter's decisions will be final.
A spokeswoman for Kate Gosselin's lawyers did not immediately return messages Wednesday.