Possibly...this really depends on what the court upholds in the divorce decree (meaning the judge may dictate that the member be eligible for COBRA) or the carrier may allow for voluntary termination during a plan year, without a qualifying event.

If neither of those options are created, then the spouse would not be able to continue the benefit through COBRA.

...the spouse or dependent can elect the FSA to be continued through COBRA.

When the COBRA FSA election is made, a second FSA account is created for the beneficiary...the employee still has their FSA account too. Just like any other COBRA plan, the participant must be enrolled in the plan(s) as of the date of the event and also make monthly payments, plus they can terminate an election on a month-to-month basis.