If a split happens, much more is at stake than just fees. A chain split would hurt Bitcoin’s reputation, likely cause a price drop, reduce mining revenue and fees, and probably create issues for Lightning too. Around 10% of nodes is already a significant share, and there will certainly be miners who want to capture those fees. The only realistic way to prevent this is to activate the BIP. The closer we get to the deadline, the more pressure miners will be under. If miners really follow economic incentives, then in theory they will just adopt the BIP, or mine BIP-compliant blocks, because that’s the rational economic decision. A small amount of spam fees are not worth the trouble.