I think you have misunderstood the whole thing- I guess I will be richer! I can spend the same bitcoin in two different chains- double spending with confirmations! Just that the person who accepted my double spend may be poorer because the shorter chain will disappear eventually.
lol if your transaction will be confirmed by the 95% chain.the hopes of you re-transmitting it and successfully getting it relayed by the 5% of nodes in another chain is hard.. to the only pool that is on the other chain.. well.. thats hard too. and then that pool adding it to a block with only 5% hashpower.. even harder.
the only possible way would be to ban IP addresses to ensure the 5% only connect to each other to avoid relay rejections issues.
so thinking about it.. the only people banning IP's to ensure they only talk to the 5% chain just to try keeping it alive.. well thats core! (controversy creators)