Wouldn’t matter either way. As above, if they never married and never publicly claimed to be, she has no claim to any money as a spouse, as public acknowledgement was always a requirement for common law marriage
If her net worth is really $40 million, I doubt that’s much of a concern. I’m surprised that Statham is ‘only’ worth $100 million. According to Google, his films have grossed 8.5 billion.
As long as we’re discussing the legal ramifications, what’s the current state of breach of promise laws in the UK?